Other conditions decisions — 2001

The veteran's claim for non-service-connected burial benefits was denied because the application was not filed within two years after the date of burial.

The veteran's appeal has been dismissed as she has withdrawn her request for a higher rating by expressing satisfaction with the current 10% evaluation.

The veteran's claim for payment or reimbursement of unauthorized private hospitalization expenses is being remanded due to the need to consider the Veterans Millennium Health Care and Benefits Act of 1999, as well as the Veterans Claims Assistance Act of 2000. The appeal will be reconsidered in light of these new laws.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected right hand disabilities was denied. The RO rated the veteran's disabilities as 60 percent and 20 percent disabling, respectively, resulting in a combined 70 percent rating.

The Board denied the veteran's claim for service connection for a bilateral foot disorder as there is no medical evidence of a current disability.

The Board has denied the veteran's claims for service connection for AIDS and compensation under 38 U.S.C.A. § 1151 due to hiatal hernia surgery, finding that further development is needed.

The Board has determined that the veteran's claim should be addressed on a de novo basis and has ordered additional development to obtain medical records and conduct an examination. The case will be returned for further adjudication.

The Board has determined that the appellant's daughter, who was 18 years old at the time of her eighteenth birthday, is not permanently incapable of self-support due to a physical or mental defect. The evidence does not support a finding that she had such a condition.

The veteran's appeal for an increased evaluation of his burns has been dismissed as the appellant withdrew their appeal.

The veteran's widow is denied VA death pension benefits as she does not meet the legal requirements for eligibility.

The Board has determined that the veteran's death was caused by complications from rectal cancer, which is a radiogenic disease recognized under VA regulations. The claim will be referred to the Under Secretary for Benefits for further consideration due to exposure to ionizing radiation during service.

The Board has determined that new and material evidence sufficient to reopen the veteran's claim of entitlement to service connection for back injury residuals has been presented. The veteran's application to reopen his claim is granted.

The appellant has withdrawn their appeal, and the case is dismissed without prejudice.

The Board has determined that the veteran's bilateral hip disorder is secondary to his service-connected left knee disability and granted service connection for this condition.

The Board has denied the veteran's claims for service connection for peptic ulcer disease and an initial rating in excess of 10 percent for herniated nucleus pulposus (HNP) at L5-S1, finding that there is no evidence to support these claims.

The Board has granted increased evaluations of 10 percent for anterior compartment syndrome of the left leg and right leg, and a noncompensable evaluation for left elbow disability.

The veteran's military service is not considered active military for VA death pension benefits, leading to the denial of the claim.

The Board found that terminating the apportionment of the veteran's improved pension benefits on behalf of the appellant was proper due to the total benefit payable to the veteran not allowing a reasonable amount for the appellant.

The veteran's claims for service connection and increased evaluations were denied. The RO also failed to provide a supplemental statement of the case with regard to the appellate issues.

The Board dismissed the appeal as there was no justiciable issue on appeal due to the grant of TDIU by the RO.