Other conditions decisions — 2002

The Board has granted initial evaluations of 10 percent for bursitis of the hips and calcaneal spurs of each foot, effective September 18, 2000.

The Board found that the reduction of the veteran's disability rating from 100% to 0% for non-Hodgkin's lymphoma was proper, as there has been no recurrence of active disease and the condition is currently inactive.

The Board found that the veteran does not have a dental disorder as a result of service trauma and thus is not entitled to VA outpatient dental treatment.

The Board denied the veteran's claim for an effective date earlier than September 12, 1994, for service-connected disability compensation. The decision stated that the earliest effective date that could be assigned was September 12, 1994, which is when the veteran first filed a claim.

The Board denied the veteran's claim for service connection for a blood disorder, to include antithrombin 3 deficiency, and bilateral stasis ulcers, including as due to exposure to herbicides. The Board found that the disorders were not related to service or any exposure to herbicide agents.

The Board has determined that the veteran's intervertebral disc syndrome does not warrant a rating higher than 20 percent, as there is no evidence of severe recurring attacks or persistent symptoms compatible with sciatic neuropathy.

The Board found that the reduction of the initially assigned 100 percent rating for service-connected residuals of prostate adenocarcinoma due to exposure to Agent Orange to a current level of 20 percent was proper, and restoration to a higher rating is not warranted.

The veteran's death was caused by metastatic oat cell cancer of the lung, which is presumed to have been due to exposure to Agent Orange. The effective date for DIC benefits is set at December 13, 2000.

The Board has reopened the appellant's claim of service connection for the cause of the veteran's death due to nicotine dependence, which caused him to smoke and ultimately led to cancer of the larynx. The claim is granted.

The appeal is being remanded to the RO for a videoconference hearing before the Board at the RO due to the appellant's request.

The Board has determined that the veteran's total occupational and social impairment, due to his service-connected dysthymic disorder, organic dementia, and stroke, warrants a 100 percent rating.

The veteran's income exceeded the statutory limits for nonservice-connected pension benefits, as his countable annual income was in excess of $12,515 at all times relevant to this appeal. The RO denied the claim due to the veteran's excessive income.

The Board found that the veteran's claimed neck, pelvis, and concussion disabilities were not incurred in or aggravated by active service.

The Board finds that the veteran's service-connected gastrointestinal disability, manifested by peptic ulcer disease with gastric resection, dumping syndrome, and hypoglycemia, is not more nearly approximating severe postgastrectomy syndrome as required for a higher rating.

The Board has granted service connection for the veteran's residuals of a shell fragment wound to the right eye, diagnosed as scotoma, finding that this condition was incurred in service.

The veteran's claims for increased ratings and secondary service connection were granted. He was awarded a noncompensable rating for the scar, but denied service connection for a primary writing tremor.

The Board finds that the veteran has residuals of malaria due to service and grants service connection for this condition. The claim for numbness of the left leg is not granted as there is no separate disability manifested by left leg numbness.

The Board has determined that the veteran's service-connected left thalamic lacunar infarction with residual right hemiparalysis and sensory loss does not warrant an evaluation in excess of the current 10 percent rating.

The veteran is entitled to disability compensation under 38 U.S.C.A. § 1151 for multiple intracranial hemorrhages and left frontal intraparenchymal hematoma resulting in a left frontoparietal craniotomy, as these conditions were caused by VA medical treatment. The abdominal aortic aneurysm with bilateral iliac artery aneurysms and left popliteal artery aneurysm did not result from VA examination or treatment.

The Board denied the veteran's claim for service connection for multiple system disease due to immune deficiency caused by radiation exposure, finding that there was no causal relationship between his condition and service.