Other conditions decisions — 2001

The Board denied the appellant's request to reopen her claim of service connection for the cause of the veteran's death, concluding that new and material evidence had not been presented. The appeal was based on a contention that the veteran died from neurosyphilis incurred during active service.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder. The case is being remanded due to new legal requirements under the Veterans Claims Assistance Act of 2000.

The Board has determined that the loss of vision in the appellant's right eye was not due to VA negligence or unforeseeable events, and thus denied compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an increased evaluation of his service-connected post-operative residuals of a herniated disc is being remanded due to the need for additional VA examinations and development of medical records.

The Board has remanded the case due to new evidence and procedural issues, including a need for additional medical opinions and records.

The Board has granted service connection for muscle pain and abdominal pain, both presumed to be due to an undiagnosed illness incurred in service. The skin disorder and sleep disorder are not addressed as they were not the focus of the appeal.

The Board denied the veteran's appeal, finding that an overpayment was properly created and that recovery would not be against equity and good conscience.

The Board has reopened the veteran's claims for service connection for a fungus infection of the ears and residuals of a fractured nose, finding new and material evidence. The fungal infections are considered to have originated during active military service.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence showing a service-connected disability that was rated totally disabling for at least 10 years immediately preceding his death.

The veteran's claimed disabilities, including bilateral hip replacements, ulcerative colitis (claimed as Crohn's disease), liver transplant residuals, esophageal disorder, and inguinal herniorrhaphy, are not related to his military service. The veteran does not have a current stomach disability, skin rash of both ankles, sarcoidosis, asthma, shingles, stress, peripheral neuropathy, lupus, or rheumatoid arthritis.

The Board has granted a 60 percent evaluation for gouty arthritis from July 2, 1998. The veteran's condition was found to be productive of severely incapacitating exacerbations occurring more than four times a year.

The Board has reopened the appellant's claim for service connection for the veteran's cause of death due to new and material evidence submitted. The claim will now be considered on its merits.

The Board's decision denying service connection for the cause of death and colon cancer secondary to exposure to ionizing radiation has been vacated by the Court, so the motion based on clear and unmistakable error is dismissed.

The Board has determined that the appellant's service-connected bilateral lower extremity circulatory disease, which results in loss of balance and strength, precluding locomotion without the aid of braces, crutches, canes, or a wheelchair, meets the criteria for specially adapted housing.

The veteran is seeking an increased rating for his herniated nucleus pulposus, L4-5 and also seeks service connection for myofascial syndrome as secondary to the service-connected condition. Additionally, he claims a total rating based on individual unemployability due to service-connected disabilities. These issues are currently inapplicable or unclear, and further action is required.

The Board found that the veteran's cardiovascular disorder was not incurred during service and denied his claim for service connection. For sinusitis, the criteria were met since October 7, 1996, but prior to this date, he did not meet the criteria for a compensable rating.

The veteran's claim for an increased rating for his service-connected left forearm shell fragment wound is being remanded to allow further development and consideration of whether an extraschedular evaluation is warranted.

The Board has granted a 50 percent evaluation for the veteran's service-connected skin disability, which is rated as post inflammatory hyperpigmentation of the penis shaft, lichen simplex chronicus, verruca vulgaris, and herpes progenitalis. The maximum schedular rating has been assigned.

The VA determined that the appellant is not entitled to any portion of the veteran's National Service Life Insurance policy proceeds, as the last valid designation of beneficiary form named B.C.H. (the veteran's daughter) and did not include the appellant.

The June 1947 rating decision incorrectly did not assign a compensable evaluation for the service-connected residuals of a shell fragment wound to the right arm, which was found to be a through-and-through wound. The RO's error is considered clear and unmistakable.