Other conditions decisions — 2001

The veteran's claim for service connection for colon cancer, which he contends is due to exposure to ionizing radiation during his military service, has been remanded. The VA will obtain a dose assessment and refer the case to the VA Under Secretary for Benefits to determine if the veteran was exposed to ionizing radiation in service and whether his current condition is related to such exposure.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for purposes of DIC benefits due to a lack of continuous cohabitation from the date of marriage to the date of the veteran's death.

The Board denied reopening the veteran's claim for service connection due to lack of new and material evidence. The issue of an increased rating for lumbosacral strain with arthritis is pending.

The Board has denied the veteran's claim for special monthly compensation on the basis of blindness, need for regular aid and attendance or at the housebound rate. The case is remanded to complete necessary examinations and provide additional development.

The appellant's service as a New Philippine Scout from August 1946 to March 1949 does not provide him basic eligibility for VA nonservice-connected disability pension under the applicable law and regulations governing veterans' benefits.

The Board denied the veteran's claims for an increased rating for residuals of left acromioclavicular fracture and service connection for chronic back pain. The veteran is currently rated at 10 percent for his residuals of left acromioclavicular fracture.

The Board found that the veteran's squamous cell skin cancer is not related to service, and denied his claim. However, a preponderance of evidence indicates it was not caused by exposure to ionizing radiation during active service.

The veteran's failure to report his wife's Social Security income resulted in an overpayment of VA pension benefits. The Board found that the veteran engaged in bad faith by not reporting this information, leading to a denial of waiver of recovery.

The Board has determined that the veteran's porphyria cutanea tarda is related to herbicide exposure in Vietnam, and thus grants service connection for this condition.

The Board has determined that the veteran's timely notice of disagreement to the non-compensable rating for superficial laceration of the right hand included an issue regarding the sensory nerve involvement. The case is remanded for further development and consideration.

The Board denied a compensable rating for postoperative residuals of an exploratory laparotomy and lysis of adhesion due to postoperative umbilicus removal, including a scar, as the veteran's current complaints are not supported by medical evidence indicating any functional limitation or impairment.

The Board denied service connection for rheumatic valvulitis in 1953, finding that the condition existed prior to service and was not aggravated during service.

The Board has ordered a remand to comply with the Veterans Claims Assistance Act of 2000, which requires VA to provide additional development and notification as needed. The veteran needs to be scheduled for an audiometric examination to determine if he suffers from hearing impairment related to service, including scarlet fever.

The Board has determined that the veteran's left knee disability, characterized as residuals of a lateral meniscectomy, does not warrant a rating greater than 10 percent.

The Board denied an increased rating for the veteran's right knee disorder and did not address his claim for TDIU.

The Board found that the veteran's sexual dysfunction did not result from his circumcision performed at a VA hospital in July 1994, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's duodenal ulcer does not meet the criteria for a higher evaluation, as there is no evidence of recurrent incapacitating episodes or significant weight loss and anemia. The current 20% rating remains appropriate.

The Board found that the veteran does not have hammertoe deformities of either foot, and thus, there is no basis for an evaluation in excess of 10 percent.

The Board has granted a disability rating of 60 percent for the period prior to January 25, 1993, for service-connected heart block and cardiomyopathy. The issue of an earlier effective date for TDIU is remanded.

The Board has reopened the veteran's claim for service connection for a gastrointestinal disorder due to new and material evidence submitted since the last final denial. The issue is now before the RO for further development.