Other conditions decisions — 2001

The Board has determined that the appellant timely filed a claim for accrued benefits, and thus there is pending eligibility for such benefits. The veteran's cause of death will be addressed in the remand section.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for dementia of unknown etiology, which was previously denied in December 1997. The new evidence includes excerpts from a book about chemical warfare agents used by Iraqi forces during their war with Iran, statements from individuals who were overflown by Iraqi planes while serving on the USS ST. LOUIS, and MRI reports indicating similarities to Gulf War veterans.

The Board denied the claim to reopen the service connection for the cause of death due to lack of new and material evidence, while also denying DIC under 38 U.S.C. § 1318.

The veteran's service-connected residuals of a gunshot wound to the left thigh involving Muscle Group XIII are currently rated as 10 percent disabling. The evidence does not support an increase in rating beyond this level.

The Board has granted the appellant's claim for service connection for residuals of pneumonia, finding that there is a direct relationship between his in-service bout of pneumonia and any current lung condition.

The Board has determined that the appellant is entitled to an effective date of November 19, 1998 for reinstatement of VA death benefits and payment of DIC, effective from December 1, 1998.

The Board found that the appellant did not submit new and material evidence to reopen her claim for death benefits through revocation of forfeiture. The Court vacated this decision, but the Board's subsequent decisions have not addressed the merits of the case.

The Board denied the veteran's appeals for increased rating and TDIU due to his service-connected compartment syndrome of the right forearm, finding that the condition did not meet criteria for a higher rating.

The Board has remanded the case to the RO for further development and readjudication, including obtaining additional medical records and arranging appropriate VA examinations.

The Board has determined that the veteran's dysthymia, since November 7, 1996, warrants a 50 percent rating.

The veteran's claim for a higher rating for his service-connected social phobia with an adjustment disorder secondary to herpes is being remanded due to the need for additional medical records and examination. The issue of topical dermatitis, which was raised but not yet addressed, will be referred back to the RO.

The Board granted an effective date of April 17, 2001 for the grant of service connection for a mood disorder secondary to a head injury.

The Board has ordered a remand to review and consider certain documents, including General Counsel opinions and revisions to VA's Adjudication Procedure Manual M21-1. The veteran is also required to undergo a VA examination.

The Board denied the veteran's request for a waiver of recovery of loan guaranty indebtedness due to his actions constituting bad faith, including failing to take steps to avoid foreclosure and impeding VA from taking necessary steps.

The Board denied the veteran's claim for service connection for residuals of septoplasty, finding that the surgeries were ameliorative and not aggravated by service.

The Board found that the veteran did not file a timely notice of disagreement for the February 1996 denial of service connection for peptic ulcer disease. The claim for reopening the gastric carcinoma was denied due to lack of new and material evidence.

The Board has granted a 20 percent evaluation for the veteran's back disability, characterized as early discogenic disease at L5-S1. The claim of entitlement to service connection for osteoarthritis of the thoracic spine is inextricably intertwined with the issue on appeal.

The Board of Veterans' Appeals has denied the veteran's request for a waiver of VA loan guaranty indebtedness in the amount of $14,759.56, plus interest due to his failure to inform VA of his whereabouts and actions regarding the mortgage loan.

The Board denied the veteran's claim of service connection for a right hip disability, including arthritis, finding that there was no evidence of arthritis in service or within one year following separation. The Board also found no direct relationship between current symptoms and service.

The Board has determined that the veteran's right inguinal hernia was not incurred during military service and denied his claim for service connection.