Other conditions decisions — 2001

The Board denied the appellant's claim for basic eligibility for VA dependency and indemnity compensation (DIC) benefits due to a lack of valid military service.

The veteran's claim for nonservice-connected pension is denied as he did not serve during a period of war.

The Board denied recognition as a surviving spouse for the purpose of receiving VA benefits due to lack of evidence of a valid marriage after the veteran's divorce in 1994.

The Board denied the veteran's claim for basic eligibility for VA benefits due to a lack of recognized service in the U.S. Armed Forces.

The Board has determined that the veteran's Porphyria cutanea tarda (PCT) was not incurred or aggravated by his military service, nor may it be presumed to have been incurred in or aggravated by such service. The PCT first manifested many years after the veteran's exposure to herbicide agents during his military service.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for death pension benefits as her deceased husband's surviving spouse. The claim is now reopened, but further development is needed before a final decision can be made.

The Board found that the evidence submitted since the April 1998 rating decision is not new and material, thus denying the reopening of the claim for service connection for lower back pain/strain.

The Board has determined that the veteran's duodenal ulcer and postoperative gastrectomy warrant a 40 percent evaluation, as his symptoms do not meet or approximate the criteria for a higher rating.

The veteran's appeal is for an initial evaluation in excess of 10 percent for his service-connected dysphonia, status post laryngeal fracture and tracheostomy. The VA has requested additional development to ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board finds that the veteran does not have a current disability for which service connection can be granted, as her vision has returned to normal and she currently only has keratitis sicca and blepharospasm. The Board also cannot establish a nexus between any current disabilities and service.

The Board found that the veteran's squamous cell carcinoma was not incurred in or aggravated by service, may not be presumed to have been incurred in service, and was not due to exposure to radiation in service. The claim for service connection is therefore denied.

The Board dismissed the motion for revision of the March 30, 1998 decision on grounds of clear and unmistakable error (CUE) as to the claim of entitlement to VA benefits. The appellant argued that there was CUE in failing to grant basic eligibility due to unrecognized service.

The Board denied service connection for carcinoma of the bladder, finding that it was not present in service or until the late 1990's and did not result from an incident of service.

The VA determined that the appellant had no recognized military service with the United States Armed Forces and therefore is not eligible for VA benefits.

The veteran's post-traumatic stress disorder (PTSD) is manifested by anxiety, depression, flashbacks, nightmares, intrusive thoughts, hypervigilance, psychomotor retardation, suicidal ideation, irritability, and a blunted affect. The VA has determined that the social and industrial impairment from PTSD more nearly approximates total impairment than 70 percent impairment.

The Board has increased the veteran's rating for his phobic reaction, panic disorder from noncompensable to 30 percent effective April 14, 2000. The claim of service connection for tinnitus and hearing loss remains denied.

The Board found that the veteran's cause of death (acute myocardial infarction) was not caused or aggravated by his service-connected stasis dermatitis, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's private hospitalization for a total abdominal hysterectomy and bilateral salpingo-oophorectomy from March 13, 1995 to March 16, 1995 was not authorized by VA due to the availability of VA facilities.

The veteran's claim for an increased rating of bursitis of the left hip was granted, with a current evaluation of 10 percent. The claims for service connection for arthritis of the left and right hips were denied.

The Board has determined that the veteran's amputation of the first, second, third, and fourth right toes does not warrant a rating higher than 20 percent.