Other conditions decisions — 2001

The appellant is not eligible for VA death benefits as the surviving spouse of the veteran because she and the veteran were legally divorced at the time of the veteran's death.

The Board has denied the veteran's claims for service connection for residuals of jaw fracture and temporomandibular jaw pain, residuals of trauma to the right front upper tooth, and residuals of trauma to both eyes.

The veteran's post traumatic stress disorder is currently rated at 50 percent, and the appeal for an increased rating has been denied. The RO also denied a total disability rating based on individual unemployability due to his service-connected condition.

The veteran claims VA compensation for pulmonary effusion and edema resulting from surgery performed at a VA hospital in April 1997. The Board has decided to remand the case due to incomplete medical records and the need for further examination.

The veteran's appeal is about the evaluation of his service-connected post-operative right tibial tubercle, Osgood-Schlatter's disease. The RO has granted a 20 percent rating for this condition but the veteran contends that he should receive a higher rating. The Board has ordered further examination and development to determine the nature and severity of his disability.

The veteran withdrew their appeal before the Board could make a decision.

The veteran's service-connected shell fragment wounds to the abdomen are not rated compensably, and his TDIU rating is granted effective November 28, 1990.

The Board has remanded the case due to unclear calculation of overpayment and issues regarding its creation. The appeal is not yet ready for appellate review.

The veteran's service-connected right epididymitis is rated at 30 percent, the maximum allowable under the applicable rating criteria.

The Board denied the veteran's claims for service connection for prostatitis, cardiovascular disability, and stomach disability. The claim for an increased rating for dermatophytosis of the feet and groin was also denied.

The Board found that the claimant's left hip arthritis existed prior to his period of active duty in 1990 and did not undergo a chronic or permanent worsening during service. The preexisting condition worsened due to an ankle injury, but this aggravation is insufficient to establish service connection.

The Board denied the veteran's claim of service connection for spondylolisthesis and spina bifida occulta, finding that new and material evidence had not been submitted to reopen the claim.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death due to untimely submission of a Substantive Appeal.

The Board has granted a 10 percent disability evaluation for the veteran's small chip fracture of the middle phalanx, left index finger.

The Board has granted service connection for bilateral floaters, diagnosed as posterior vitreous detachment. The veteran's PTSD is rated at 70 percent since April 1996 and a 100 percent rating is warranted effective February 10, 1997. No compensable disability evaluations are assigned for the other conditions.

The Board has determined that the veteran's service-connected left knee disability does not warrant a rating in excess of 10 percent, as there is no evidence of instability or limitation of motion. The current 10 percent rating adequately compensates the veteran for his service-connected disability.

The veteran claims compensation under 38 U.S.C.A. § 1151 for a left leg infection with osteomyelitis, which he contends resulted from treatment at the Temple VA medical facility in late 1972 or early 1973. The case is being remanded due to changes in the law and the need for additional development.

The Board denied the forfeiture of VA benefits due to fraud, finding that the appellant knowingly submitted a fraudulent birth certificate for her granddaughter.

The Board has reopened the veteran's claim and established service connection for a stomach disorder, finding that there is an approximate balance of positive and negative evidence regarding the etiology of his postservice GI disease.

The Board denied the veteran's claims of service connection for residuals of radiation exposure and depressive neurosis, finding that new and material evidence had not been submitted to reopen these claims.