Other conditions decisions — 2003

The Board has determined that the veteran's residuals of a penetrating shell fragment wound of the abdomen, post colostomy warrant a 10 percent disability rating for his scars and an additional 10 percent rating for abdominal muscle cramps.

The Board found that the veteran's chronic gastrointestinal disorder with elevated liver function tests and colitis is not related to his service-connected low back strain with degenerative disc disease, lumbar spine.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of fractures of the left tibia and fibula, finding that his disability did not warrant such an increase based on current evidence.

The Board has ordered further development due to pending issues, including a need for a VA examination of the veteran's digestive system. The case is now remanded for additional development.

The Board found that the appellant demonstrated bad faith in connection with the creation of the pension overpayment, and therefore precluded consideration of a waiver.

The Board denied reopening the claim for service connection for amblyopia of the left eye, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims for service connection for gastrointestinal tumor and fatty tumors, finding no new and material evidence to reopen his previous denial. The RO also determined that any current fatty tumors are not related to military service or herbicide exposure.

The veteran's claim for an initial compensable evaluation for pruritus ani was granted, and he is now rated as noncompensably disabling. The issue of entitlement to a 10 percent evaluation based on multiple, noncompensable service-connected disabilities was denied. The effective date for the grant of service connection for pruritus ani was set at November 5, 1998.

The Board has remanded the case due to a lack of complete radiation dose estimates for the veteran's entire period of service, and the need to ensure compliance with VA regulations regarding claims involving ionizing radiation exposure.

The Board found that the appellant and the veteran were not legally married at the time of the veteran's death, thus denying her eligibility for VA benefits as his surviving spouse.

The veteran's son developed Hodgkin's disease, which is presumed to be service-connected due to exposure to Agent Orange during the Vietnam War. However, there is no provision in law for disability benefits for Hodgkin's disease in the children of veterans who served in Vietnam.

The Board denied the veteran's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 and Dependents' Educational Assistance under Chapter 35, finding that there was no basis to grant these benefits due to a lack of service-connected disability at the time of death.

The Board denied the veteran's claim for service connection for multiple myeloma, finding that it was not incurred or aggravated by active service and could not be presumed to have been incurred therein. The evidence did not demonstrate a relationship between the veteran's current condition and exposure to radiation or hazardous chemicals during service.

The Board denied the appeal of the initial rating for service-connected bilateral defective hearing, finding that new and material evidence had not been received to reopen the claim. The veteran's claims for headaches and GERD/IBS were remanded for further development.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for obtaining treatment records and arranging an eye examination.

The veteran's claims for service connection for a skin disability and an increased rating for PTSD were denied by the RO. The Board has found that further development is needed, including VA examinations to determine if there is any nexus between the veteran's current conditions and his military service, particularly exposure to Agent Orange.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to a lack of evidence showing that his right upper extremity weakness and plugged arteries in the neck were caused by VA treatment.

The Board finds that the preponderance of the evidence is against the grant of service connection for varicose veins of the right lower extremity. The veteran has not brought forth competent evidence of a nexus between the current diagnosis of varicose veins of the right lower extremity and service, to include manifestations of such to a compensable degree within one year following his discharge from service.

The Board denied the veteran's claim for service connection for missing teeth numbered 3, 4, 5, 6, 12, 13, 14, 17, 30, and 32, finding that there was no evidence of any trauma or pathology in service.

The Board denied the appellant's claim as his discharge from service was under other than honorable conditions, which bars him from receiving VA compensation benefits.