Other conditions decisions — 2001

The Board has determined that the effective date for the grant of nonservice-connected pension benefits should be March 11, 1999.

The veteran's claim for an earlier effective date of HIV disease was granted, with the effective date set at December 29, 1995.

The veteran's death was due to a myocardial infarction during inactive duty training, but the Board found that this did not meet the legal criteria for service connection under the law in effect prior to November 1, 2000.

The Board found that the veteran's death was not caused by a service-connected disability, as there was no evidence of radiation exposure during his military service. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The veteran is reasonably discharging his responsibility for supporting the child, and an apportionment of VA benefits is not warranted.

The Board has determined that the veteran's Raynaud's disease type disability was not incurred or aggravated by service, as it pre-existed service and there is no clear and unmistakable evidence of aggravation during service. The claim for service connection is denied.

The Board found that the appellant had submitted fraudulent evidence, resulting in forfeiture of her rights to VA benefits.

The Board found that an earlier effective date for service connection and a rating of 20% for residuals of injury to Muscle Group XI, left lower leg is not warranted.

The Board found that the appellant committed fraud by submitting false evidence claiming she and her husband had a daughter, which led to forfeiture of all VA benefits. The decision is denied.

The Board has determined that the veteran's postoperative pilonidal sinus does not meet the criteria for a compensable rating, as it is currently evaluated under analogous criteria and does not cause leakage or involuntary bowel movements.

The Board finds that the veteran's left hip arthritis, postoperative arthroplasty, is proximately due to or the result of his service-connected left knee disability and grants service connection on a secondary basis.

The veteran's service-connected thrombocythemia and leukocytosis were granted with a noncompensable rating from October 1, 1997 to November 18, 1999. A subsequent rating of 10 percent was assigned starting from November 18, 1999.

The Board has reopened the veteran's claim of service connection for duodenal ulcer disease and granted it, finding that there is sufficient evidence to establish continuity of symptomatology from service to the present.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no medical evidence of additional permanent right eye disability due to the surgeries at a VA medical facility on June 5 and 20, 1989.

The Board has decided to remand the case due to incomplete medical records and the need for further examination. The veteran's daughter, who suffers from spina bifida, is seeking a monetary allowance under 38 U.S.C.A. § 1805 based on her father's service in Vietnam.

The Board denied the veteran's claim for Class III dental treatment as adjunct to his service-connected gastroduodenal irritability, finding that there was no evidence showing that his current dental condition was aggravating his service-connected disability.

The veteran's claim for an increased rating for his service-connected gastroduodenal irritability is being remanded due to the implementation of the Veterans Claims Assistance Act of 2000 (VCAA). The case will be reviewed and potentially further development may be required.

The veteran's service-connected bilateral varicose veins were evaluated at a 30% rating until September 30, 2000. As of that date, the disability was found to warrant an increased rating to 40% for each lower extremity.

The Board denied the veteran's claim for service connection for a disability manifested by dizziness, finding that he did not have such a condition and thus could not establish entitlement to service connection.

The Board denied the veteran's claims for higher evaluations of his patellofemoral pain syndrome of the right and left knees, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent.