Other conditions decisions — 2001

The veteran's claim for a higher rating for residuals of a laceration of the right hand is denied as there is no evidence of muscle or tendon damage, and the condition does not meet any diagnostic criteria for a higher rating.

The Board has determined that the veteran's pleural disease is not related to service, including exposure to asbestos. The appeal is denied.

The Board found that the veteran's pre-existing left foot disability did not undergo a chronic or permanent worsening during his period of active military service, and thus denied his claim for service connection.

The VA determined that the appellant did not suffer any additional disability or aggravation of his preexisting hepatitis C due to inappropriate medical treatment, and thus denied the claims for benefits under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for basic eligibility for VA benefits due to lack of recognized military service.

The Board of Veterans' Appeals has denied the veteran's claim for basic eligibility for nonservice-connected disability pension due to a lack of qualifying service.

The veteran's claim for an increased rating for his service-connected postoperative residuals of subtotal gastrectomy is being remanded due to the need for additional examination and consideration under the new Veterans Claims Assistance Act of 2000.

The veteran died of multiple myeloma, which the Board found was not caused by a service-connected condition. The Board concluded that there is no persuasive evidence linking the in-service blood transfusions to the development of multiple myeloma.

The veteran's right chondromalacia patella is currently rated at 10 percent disabling, and the Board has determined that a higher rating is not warranted.

The Board found that the veteran's Crohn's disease/ulcerative colitis was initially manifested during his period of active service and granted service connection.

The Board denied the veteran's request for waiver of overpayment in the amount of $1,000.00 due to fault on his part and lack of undue hardship.

The Board denied the veteran's claim for reimbursement of unauthorized non-VA medical treatment received in November 1994.

The Board denied the appellant's request for a waiver of recovery of an overpayment of education assistance benefits due to her failure to submit a timely request within the required 180 days following notification of indebtedness.

The veteran's service-connected residuals of a concussion, diagnosed as brain syndrome with dementia with fixed delusions of persecution and paranoia due to head trauma, resulted in total social and occupational impairment. The Board granted a 100 percent rating for these disabilities.

The Board has granted the veteran's claims for service connection for a lung disorder secondary to phosphorus burns and an increased rating for Raynaud's phenomenon, but denied his claim for hyperhidrosis.

The veteran seeks an increased rating for his service-connected post-traumatic stress disorder (PTSD). The Board previously awarded a 50 percent disability rating, but the Court has now remanded the case to allow consideration of new evidence and legal arguments. Additional development is needed, including obtaining treatment records from the Vet Center and assessing whether the veteran's drug and alcohol problem is secondary to his PTSD.

The veteran's claims of service connection for obstructive airway disease and a right leg condition, as well as his claim for an initial compensable evaluation for hemorrhoids, were denied. The Board found that the evidence did not support the veteran's claims.

The case is being remanded to the RO for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The appellant will be provided a supplemental statement of the case if any benefit sought remains denied.

The Board found that the appellant can be recognized as the surviving spouse of the veteran due to her marriage being deemed valid under Philippine law, despite a legal impediment. The claim for service connection for cause of death is moot.

The veteran's appeal is granted, with an effective date of September 23, 1991 for a 30 percent evaluation for her service-connected breast nodules.