Other conditions decisions — 2001

The veteran's service-connected bilateral shin splints/tibial stress reactions are currently manifested by complaints of pain, including pain on over-exertion. The Board has determined that the criteria for a 10 percent evaluation have been met.

The Board has determined that the veteran does not have a current left elbow condition and denied his claim for service connection.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits under 38 U.S.C.A. § 1318, finding that new and material evidence had not been presented to reopen either claim.

The Board has remanded the case due to new requirements for the development of claims under the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection and increased rating for aseptic necrosis of the left hip needs further examination and review.

The veteran's request for waiver of overpayment of disability pension benefits was denied due to fault and unjust enrichment. The case is being remanded for further development, including obtaining medical records, financial status reports, and an audit of the pension account.

The Board granted service connection for cervical strain, rated at 20 percent from January 29, 1998. The claim of service connection for urethral scarring and TMJ dysfunction was also granted.

The VA physician determined that the veteran's disability for which he was receiving compensation benefits under 38 U.S.C.A. § 1151 did not contribute to his death, and thus denied the claim.

The Board has determined that additional development is needed to determine if the appellant requires regular aid and attendance due to her medical conditions.

The veteran's service did not qualify him for VA pension purposes, and thus the appellant does not meet the basic eligibility requirements for nonservice-connected death pension benefits.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for astrocytoma of the spinal cord. The combination of the veteran's testimony, service medical records mentioning upper back pain, neurosurgeon's opinion, and hospital reports showing abnormal laboratory findings is sufficient to show symptoms in service, current disability, and linkage.

The veteran did not meet the eligibility requirements for burial benefits as of December 31, 1957. The appeal is denied.

The Board denied the veteran's claim for service connection for Bartter's syndrome, finding that no new and material evidence had been submitted. The appeal is denied.

The veteran's appeal was dismissed due to his death.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a traumatic head injury, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim of entitlement to death pension benefits as the veteran's legal widow. The case was remanded for further development and consideration.

The Board has granted an effective date of February 3, 2000 for a 30 percent rating for mitral valve prolapse.

The Board has granted service connection for squamous cell carcinoma of the pharynx, left tonsil, and tongue due to presumed exposure to ionizing radiation during Operation HARDTACK I. Service connection was denied for adenocarcinoma of the lung as it is not related to service or a service-connected disability.

The Board has determined that the veteran's left knee disability, which includes meniscectomy and chondromalacia, is currently manifested by moderate instability. The current evaluation of 20% for this condition is upheld.

The Board has granted service connection for bronchiectasis and bilateral chronic obstructive airways disease, finding that new evidence presented supports reopening the claim.

The Board has ordered additional development to determine if the veteran suffers from a chronic acquired disorder manifested by multiple joint pain involving her hands and fingers, as well as any neurological disorder including blackouts. The case is being remanded for further examination and review.