Other conditions decisions — 2001

The Board of Veterans' Appeals has denied the veteran's claim for a permanent and total disability evaluation for pension purposes due to his nonservice-connected disabilities, as they do not render him unemployable.

The Board has determined that the veteran's chest and back injuries are not proximately due to or the result of his service-connected left knee disability, and thus service connection for these conditions is denied.

The Board denied the veteran's request for waiver of recovery of his overpayment of nonservice-connected pension benefits, finding that his failure to report his spouse's income was an act of bad faith.

The veteran requested an earlier effective date for receiving additional compensation allowance for his dependent spouse, but the RO determined that no such effective date could be granted due to lack of evidence and compliance with VA regulations.

The veteran's claim for a higher rating for his service-connected shell fragment wound to the left hand is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination. The issue of whether he should be awarded separate ratings for degenerative osteoarthrosis of the left interphalangeal joints is also pending.

The Board found that the veteran's organic brain syndrome was not present during service or for many years thereafter, and there is no medical evidence to suggest a causal link between the claimed disability and any incident of service.

The Board denied the claim for service connection for cause of death, finding that the veteran's service-connected rheumatic heart disease did not contribute to his death from ischemic cardiomyopathy with cardiac arrest.

The veteran's right arm disability is found to be related to his November 1990 appendectomy, and he is granted a rating of 10% for his headaches.

The Board denied the appellant's claim for recognition as a veteran for VA benefits purposes due to lack of service in the United States Armed Forces, including service with the Philippine Commonwealth Army.

The Board granted an increased disability rating of 30 percent for the service-connected perirectal abscess, effective from October 2000. The issue of total rating based on individual unemployability due to service-connected disability is still pending.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for a nervous disorder, including due to radiation exposure. The evidence presented did not establish a direct link between the veteran's current psychiatric problems and his period of active service.

The Board found no relationship between the veteran's current stomach and sinus disabilities and his service, nor could they be presumed to have been incurred therein. The claims for service connection were denied.

The Board found that the cause of death, embolic stroke with advanced squamous cell cancer of the left ear and neck due to immunosuppression with cyclosporine and cardiac transplant, was not related to service-connected disability.

The VA denied the veteran's claim for an increased rating for his Raynaud's disease, currently rated at 20 percent.

The Board has determined that the veteran's service-connected facial lesion warrants a 30 percent rating, effective from January 1997. The condition is currently rated under Diagnostic Code 7806 for eczema.

The Board found that the veteran does not have any of the claimed conditions and denied his claims for service connection.

The Board denied the appellant's request to reopen her claim for VA death benefits, finding that no new and material evidence had been submitted. The service department determined that the appellant's spouse did not have recognized military service in the United States Armed Forces.

The veteran's appeal is being remanded due to a change in the law and new procedural requirements. The issue of an increased rating for residuals of a fracture of the right foot will be reconsidered, with all relevant medical records obtained and reviewed.

The veteran's overpayment of improved disability pension was denied due to his misrepresentation regarding his receipt of Social Security benefits.

The Board of Veterans' Appeals has denied the veteran's request for an increased rating for her varicose veins, left leg.