Other conditions decisions — 2001

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for ulcer disease, resulting in a denial.

The RO granted compensation under 38 U.S.C.A. § 1151 for post-operative residuals of a partial sternectomy and left pectoralis flap surgery with a 20% rating effective April 8, 1994.

The Board denied the appellant's claim for service connection for post-traumatic stress disorder due to a lack of credible supporting evidence that the claimed in-service stressors occurred, particularly his participation in patrols and killing of a Vietnamese boy.

The Board has granted a partial waiver of the veteran's overpayment, reducing his debt from $5,766 to $2,883. The remaining debt of $1,486 will not be waived due to the lack of undue hardship.

The Board has remanded the case due to inadequate VA examinations and new regulations requiring notification and development of claims under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request for waiver of recovery of an overpayment of compensation benefits in the amount of $3,500.40 due to a lack of fault on her part and because recovery would not be against equity and good conscience.

The Board has determined that the veteran is not entitled to additional compensation for J., his first spouse, as she was divorced from him. Additionally, there is insufficient evidence of a valid marriage between G., the current spouse, and the veteran to warrant additional compensation.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $6,160.00 due to a lack of timely submission of his waiver request.

The Board denied the veteran's claim for service connection for gastroenteritis and a 10 percent evaluation based on multiple, non-compensable, service-connected disabilities. The evidence did not show that the veteran's service-connected disabilities clearly interfered with his normal employability.

The Board has determined that the appellant should be granted waiver of an overpayment of chapter 35 educational assistance in the amount of $2,489.66 due to the error made by VA and the appellant's lack of fault.

The veteran's death was due to generalized carcinomatosis resulting from carcinoma of the bladder, which developed during his military service. The claim for DIC benefits is granted effective August 26, 1991.

The Board has granted increased ratings for the appellant's service-connected gunshot wound disabilities of the left and right lower legs, but denied service connection for a claimed right knee disorder.

The Board found that the veteran's loss of vision and additional retinal tear were not caused by VA treatment, resulting in a denial of his claim.

The Board denied the veteran's claim for service connection for PTSD as there was no credible evidence to support his claimed stressors and the diagnosis of PTSD is based on self-reported history.

The Board denied the veteran's claim for a higher rating for her vocal dysfunction with laryngitis, finding that her condition did not meet the criteria for a higher evaluation under either the former or revised regulations.

The veteran died from generalized carcinomatosis due to carcinoma of the bladder. The appellant's claim for DIC benefits was denied because it was not received until August 26, 1991, which is more than one year after the veteran's death.

The VA has granted a 10 percent disability evaluation for the veteran's postoperative residuals of contracture of the fourth and fifth toes of the left foot, effective from June 8, 1998. The condition is currently rated as moderate.

The Board found that the veteran's service-connected residuals of infectious hepatitis did not cause or contribute to his death due to inclusion body myositis and cardiopulmonary arrest. The claim for service connection was denied as there is no evidence linking the service-connected condition to the cause of death.

The veteran's claim for service connection for lupus, including systemic and discoid lupus erythematosus, is being remanded due to the need for additional development of her medical records.

The Board denied a compensable evaluation for the service-connected partial proximal phalangectomy of the right 5th toe and dismissed the claim to reopen the service connection for bilateral pes planus.