Other conditions decisions — 2001

The Board previously denied service connection for a left foot callus condition, but the Court has now remanded the case to allow further development and readjudication.

The Board has remanded the case for further development and review, including scheduling an RO hearing for the appellant, returning a VA medical opinion to be supplemented with rationale, ensuring compliance with VCAA notification requirements, and readjudicating the service connection claim.

The Board denied service connection for a throat disorder, skin disorders of the feet including athlete's foot, and a stomach disorder. The veteran did not present new and material evidence to reopen these claims.

The Board denied the appellant's claims of service connection for cause of death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that new and material evidence had not been submitted to reopen the claim of service connection for cause of death, and that she was not entitled to DIC benefits due to her husband's absence without leave at the time of his death.

The Board found that the appellant's gastritis with esophagitis, esophageal ulcer, and Schatzki's ring were not incurred in or aggravated by active duty for training.

The Board found that the veteran's receipt of $977 in gambling winnings was countable as income for improved pension purposes, and thus reduced his monthly improved pension benefits from $395 to $313, effective February 1, 1996 through January 1997.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization at Palms West Hospital from November 19, 1995, through December 6, 1995 is denied as the evidence does not demonstrate that he was treated for a service-connected condition or a nonservice-connected disability associated with and aggravating a service-connected condition.

The Board denied a higher rating for peptic ulcer disease with chronic gastrointestinal disorder, originally rated at 10 percent from January 29, 1991. The case was remanded due to the need for additional development and examination.

The veteran's claim for service connection for PTSD has been granted, but the effective date of this grant is not specified. The issue is dismissed as moot due to the subsequent granting of a higher rating.

The Board has remanded the case for additional development due to a significant change in the law brought about by the Veterans Claims Assistance Act of 2000 (VCAA). The claim will be reconsidered based on the new legal framework and evidence.

The Board denied a higher rating for cystic intertrigo of the groin area and gluteal cleft, finding that it did not meet the criteria for a higher rating based on constant exudation or itching, extensive lesions, or marked disfigurement.

The Board denied service connection for cardiac arrhythmia in June 1990, finding that the condition preexisted service and did not worsen during service. The veteran is now requesting a revision of this decision on grounds of clear and unmistakable error (CUE).

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current lung disorder is not related to such exposure. The Board also noted that there is affirmative evidence that his condition is due to smoking, rather than a supervening condition.

The Board has reopened the claim but denied service connection for bilateral saphenous nerve injury secondary to saphenous vein stripping as there is no evidence of a current disability.

The Board has determined that the cause of the veteran's death was coronary atherosclerosis, which is likely to have begun during his active military service. Therefore, service connection for the cause of the veteran's death is granted.

The Board found no evidence of a chronic GI disorder during service and denied the veteran's claim for service connection.

The Board found that the veteran's throat and swallowing difficulties were not caused by VA medical or surgical treatment, and thus denied his claim for compensation under 38 U.S.C. § 1151.

The Board found that the appellant's character of discharge was a bar to his receipt of VA benefits due to unauthorized absences during service.

The veteran died in November 1999 and was not discharged or released from active military service for a disability incurred or aggravated in line of duty. The appellant's claim for VA burial allowance benefits is denied as the veteran did not have a pending claim at the time of his death, he was not hospitalized by VA, and there were no available resources to cover burial expenses.

The Board denied the appellant's request for an earlier effective date prior to December 8, 1997 for the grant of service connection for post-traumatic stress disorder. The appeal was based on a claim that had been previously denied in July 1991 and reopened in January 1994. The Board found that the earliest effective date available is one year prior to the date of reopening, which is December 8, 1997.