Other conditions decisions — 2001

The Board is remanding the case to allow for a determination on whether new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The RO must also comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a skin growth is denied as there is no evidence that he developed the condition due to carelessness, negligence, or lack of proper skill on the part of VA in furnishing his treatment.

The VA denied an increased rating for residuals of malignant lymphoma, stage III, low grade variety due to the absence of active disease or treatment since August 1993 and no significant residual symptoms.

The Board has remanded the case for additional development, including obtaining medical opinions and records to determine the current severity of the veteran's service-connected hernia disability.

The Board denied the veteran's claim for an increased rating of dermatophytosis, finding that his condition is currently manifested by no more than slight exfoliation, exudation, or itching in a nonexposed surface.

The Board's decision denying a separate rating for shortening of the right lower extremity is being revised due to clear and unmistakable error.

The veteran is entitled to an effective date of December 2, 1982 for the assignment of a 50 percent evaluation for small bowel obstruction secondary to abdominal surgeries and chronic abdominal pain.

The Board denied the veteran's claim for an increased rating for hidradenitis suppurativa, finding that a disability rating in excess of 10 percent is not warranted based on the evidence provided.

The Board granted a 40 percent disability rating for the veteran's herniated nucleus pulposus L5-S1, with chronic strain due to severe limitation of lumbar spine motion.

The Board has reopened the veteran's claim for service connection for a nervous disorder, but finds that service connection is not warranted as there is no current psychiatric diagnosis within the meaning of VA law.

The Board denied the veteran's request for a waiver of recovery of loan guaranty indebtedness, finding that he was at fault in creating the debt and repayment would not result in undue financial hardship.

The veteran's death was not due to or the result of disease incurred in or aggravated by service, and his service-connected disabilities did not contribute substantially or materially to cause his death. The criteria for DIC benefits pursuant to 38 U.S.C.A. § 1318 have not been met.

The Board has determined that the veteran's service-connected right hip disability, characterized as status post avascular necrosis with arthritis, warrants a rating of 30 percent.

The Board has determined that the veteran's claims for service connection for malaria, a skin condition of the feet, and varicose veins have not been reopened due to lack of new and material evidence.

The Board has determined that the veteran's chronic respiratory disorder, including emphysema, is a proximate result of his nicotine dependence developed during service. The cardiac condition claim was withdrawn by the veteran prior to decision.

The Board denied the veteran's claim of eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code as new and material evidence was not submitted to reopen his previously denied claim.

The veteran's claims for increased ratings were denied. The RO continued the current disability ratings of 40 percent for left ulnar nerve palsy and 10 percent for residuals of a shell fragment wound to the left scapula, while denying an increase in rating for bilateral pterygia.

The Board has determined that the veteran's arthritis is not related to his service and thus, denied his claim for service connection.

The Board has determined that the RO's decision denying service connection for the cause of the veteran's death was not well grounded, and thus denied the claim. The Board also noted a significant change in the law due to the Veterans Claims Assistance Act of 2000.

The Board has granted service connection for residuals of shell fragment wounds to the right hand, manifested by a web space scar between the index and middle fingers. The veteran's claim for other residuals of shell fragment wounds to the left hand is referred to the RO.