Other conditions decisions — 2001

The RO has denied the veteran's claim for service connection due to a diagnosis of fibromyalgia, which is not related to her military service. The case is being remanded for further development and consideration.

The Board denied increased evaluations for post-operative residuals of a partial resection of the distal esophagus for hiatal hernia and bilateral high frequency hearing loss, finding that the veteran's conditions did not meet criteria for higher ratings under VA rating criteria.

The veteran's service-connected low back and left hip disabilities were rated at 20 percent prior to January 29, 1998. The disability picture was primarily characterized by pain in the lumbar region and minimal discomfort in the hips.

The Board has determined that the veteran's service-connected dyspareunia does not warrant a compensable rating, and thus the appeal is denied.

The veteran's claim for an increased disability rating for his service-connected moderate limitation of motion due to L5 spondylolysis is being remanded for additional development, including a VA examination and the obtaining of relevant medical records.

The Board determined that the appellant's spouse did not have qualifying service in the United States Armed Forces and therefore is not considered a veteran for VA benefits purposes.

The Board is unsure if service connection can be established for the cause of the veteran's death, as it depends on whether new and material evidence has been submitted. The case will be remanded to gather additional medical records and information.

The veteran developed protein C deficiency with deep vein thrombosis of the right lower extremity during service and has been under treatment for this disorder since discharge from service. The Board found that the condition was incurred in peacetime service.

The Board has determined that the veteran's deep vein thrombosis of the right leg is due to his service-connected right ankle injury, and thus grants service connection for this condition.

The Board denied increased evaluations for ulnar nerve disabilities and abdominal pain, as well as a total rating based on individual unemployability. The decision was not reversed due to clear and unmistakable error.

The Board has determined that the veteran's death was caused by a condition for which he had service-connected disabilities, thus granting DIC benefits.

The Board found that the veteran does not have loss of vision in his left eye due to service-connected disability. The claim for SMC based on need for regular aid and attendance was granted, but the claim for financial assistance in purchasing an automobile or conveyance was denied.

The Board found that the veteran's service-connected tropical sprue with absorption syndrome is currently rated appropriately at 30 percent and does not warrant an increase in disability rating.

The Board denied increased ratings for the veteran's left and right leg patella tenosynovitis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board denied service connection for ankylosing spondylitis, finding that the evidence did not create a new factual basis warranting service connection.

The Board has determined that the creation of the overpayment was not due to VA administrative error, but rather a delay in response from the Arkansas Department of Prisons. The veteran argues he should not be charged with the overpayment as he was incarcerated during the period and his estranged spouse received retroactive apportionment of benefits.

The Board has determined that the veteran's joint pain, including in his elbows, shoulders, low back, and knees, is a manifestation of an undiagnosed illness related to service in the Southwest Asia theater during the Gulf War. Service connection for this condition is granted.

The Board denied the appellant's claim for VA benefits as he did not have valid service to establish eligibility.

The Board has denied the veteran's claims for service connection for a prostate disorder due to exposure to Agent Orange and for a nervous disorder. The issue of service connection for a left leg amputation as secondary to a service-connected disorder is characterized as an issue in which the question of the submittal of new and material evidence is not relevant.

The veteran's claim for waiver of overpayment of improved disability pension benefits in the amount of $14,380 is granted. The Board finds that recovery would not be against equity and good conscience.