Other conditions decisions — 2001

The Board finds that the veteran's tobacco dependence did not start in service and is not related to his service. The leukoplakia, diagnosed as a throat disorder, was most probably caused by his smoking habit over the past 20 years.

The veteran's service-connected neck injury is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted based on current symptomatology.

The Board denied an effective date prior to March 24, 1989 for the grant of service connection for hairy cell leukemia due to a lack of timely submission of a claim to reopen following the final denial in March 1986.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $25,000.00 against his FTCA settlement award. The veteran does not meet the basic eligibility requirements for Chapter 31 vocational rehabilitation benefits.

The veteran's peripheral vascular disease of the right foot was incurred during active military service and is therefore granted service connection.

The veteran died of nonservice-connected causes while in a private medical facility, and therefore does not meet the legal requirements for VA burial benefits.

The veteran's claim for service connection for a spinal disorder is being remanded due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The veteran's right hip condition was evaluated as 30 percent disabling from August 1, 1997, to November 24, 1998. From February 1, 1999, to May 10, 1999, the rating was increased to 50 percent. The veteran's right hip condition is now rated as 100 percent disabling from July 1, 2000.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C. 1151 as his claimed rectal tears were not found to be caused by a VA medical examination in July 1997.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for arthritis of multiple joints. The evidence, while not directly related to his military service, suggests a history of arthritis dating back decades after discharge.

The Board has denied the claim for an increased rating for HIV, finding that there is no evidence of refractory constitutional symptoms with pathological weight loss or AIDS-related opportunistic infection and neoplasm. The claim for dysthymic disorder remains pending as it was not evaluated under the old criteria.

The Board determined that the veteran was not entitled to recognition as a former prisoner of war for VA purposes due to lack of evidence supporting such status.

The veteran's disabilities, including residuals of a pulmonary embolism, myofascial pain syndrome, and multiple lipomas, do not meet the criteria for a permanent and total disability rating for pension purposes.

The veteran's service-connected personality changes due to head concussion is productive of no more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent disability rating.

The Board found that recovery of the veteran's overpayment of nonservice-connected disability pension benefits was not warranted due to lack of fault on the part of the VA, and that repayment would not cause undue hardship. The decision denied the request for waiver.

The Board denied the veteran's claims that the July 1947 and December 1957 rating decisions denying service connection for defective vision were clearly and unmistakably erroneous.

The Board has granted service connection for post-traumatic stress disorder due to the veteran's combat experience in Vietnam.

The Board of Veterans' Appeals found that the veteran's left-hand disability, manifested by weakness, difficulty in grasping and writing, pain on use, numbness, limitation of wrist flexion and extension to 40 degrees, and scarring, does not warrant a rating higher than 30 percent.

The Board denied the veteran's claim for service connection for scoliosis, finding that there was no evidence of a pre-existing condition being aggravated during service or related to his service-connected right knee disorder.

The veteran's claim for an earlier effective date for special monthly compensation based on the need for aid and attendance was denied. The RO found that no medical evidence showed the veteran met the criteria for aid and attendance prior to September 23, 1998.