Other conditions decisions — 2001

The Board of Veterans' Appeals (Board) denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment from August 25, 1996 to December 14, 1996, and from January 19, 1997 to May 17, 1997. The decision is based on the appellant's eligibility for Chapter 35 benefits due to her spouse having a permanent and total disability rating.

The Board has determined that the veteran does not have a respiratory disorder, memory loss, or hair loss due to radiation exposure and therefore service connection for these conditions is denied.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for residuals of a nasal fracture, finding that the evidence submitted since the RO's final March 1957 rating decision was not new and material.

The VA has determined that the appellant's service-connected residuals of fractures of the left tibia and fibula do not warrant a higher rating, as they are currently rated at 20 percent. The partial paralysis of the left ulnar nerve is also rated at 10 percent. Both conditions have been evaluated based on their direct impact without considering any presumptive or secondary service connection.

The Board has determined that a deemed valid marriage existed between the claimant and the veteran for VA purposes, allowing the claimant to be recognized as the surviving spouse.

The Board denied the veteran's claim for an increased evaluation for his service-connected duodenal ulcer, finding that the disability manifested by anemia and dumping syndrome warranted a 40 percent rating.

The veteran's claim for payment of unauthorized medical expenses for treatment received from June 16 to July 1, 2000 is denied as the first requirement under VA regulations (38 C.F.R. § 17.120) has not been met.

The Board has determined that an effective date prior to January 27, 2000 for DIC benefits is granted as the RO had notice of the child's existence in March 1986.

The Board has remanded the case due to new evidence and compliance with the Veterans Claims Assistance Act of 2000. The appellant is asked to submit a statement from her physician regarding the relationship between the veteran's death and bronchopneumonia during service, and for any chest X-ray films.

The Board has denied the appellant's claim for an earlier effective date for DIC benefits.

The Board denied both claims: an increased rating for the left foot disability and a TDIU.

The Board has ordered that the April 1999 decision be vacated and the matter remanded for readjudication due to the enactment of the Veterans Claims Assistance Act of 2000. The veteran's claim is being returned to the RO for compliance with the new law.

The veteran seeks service connection for dementia, claimed as an amnestic disorder, due to exposure to chemical herbicides during his military service in Vietnam. The Board has determined that further development is needed before a decision can be made.

The veteran's appeal is being remanded for additional development of his medical records and a VA examination to determine the severity of his service-connected residuals of a fractured left ramus of the mandible.

The Board has reopened the claim of service connection for a respiratory disorder, which was previously denied in 1997. The new evidence submitted includes service separation medical examination reports and sick call reports indicating treatment for pneumonia and flu.

The VA has determined that the veteran's service-connected dermatophytosis does not warrant an increased evaluation, as it primarily manifests with dry, scaly, and lichenified patches without ulceration or systemic manifestations.

The Board denied the veteran's claim for service connection for spasmodic torticollis in May 1973, and his appeal to reopen this claim was also denied. The VA has determined that new evidence submitted since the last final decision is not material.

The Board denied the veteran's claim of service connection for dysmenorrhea, concluding that her condition did not result from a disease or injury incurred in active military service.

The veteran's gastrointestinal disability, manifested by constipation, bloating, cramping, weight loss, and early satiation, is currently rated at 40 percent under Diagnostic Code 7308 for post-gastrectomy syndrome. The Board finds that this rating adequately reflects the severity of his condition.

The Board has granted the veteran a 70 percent evaluation for service-connected OCD and found that an earlier effective date is not warranted.