Other conditions decisions — 2005

The Board has granted a 10 percent disability rating for the veteran's pylorospasm, finding that his condition more nearly approximates the criteria for this evaluation. The next higher rating of 30 percent is not warranted due to lack of recurrent symptoms and ulcer therapy requirements.

The veteran's personality disorder is not considered a service-connected disability due to its developmental nature, and thus the claim for service connection is denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for adenocarcinoma of the colon is being remanded due to incomplete records and a need for further development, including obtaining medical records from the VA Medical Center in Miami and Key West Outpatient Clinic.

The RO properly calculated the appellant's income and expenses for death pension benefits, resulting in a proper award of $419 per month.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for examinations to determine the nature of his injuries and their relationship to his current conditions.

The veteran's wife was established as a dependent spouse for VA purposes, and the additional dependency allowance was granted effective November 5, 1990.

The Board denied the reopening of a claim for veterans' benefits based on character of discharge due to lack of new and material evidence, as the additional evidence presented did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the veteran does not have a psychiatric disability related to service and therefore denied his claim for service connection.

The Board found no evidence to support a relationship between the veteran's HIV-related illness and service, thus denying service connection. The RO granted service connection for syphilis but denied an initial compensable rating.

The Board has decided to remand the case for additional development due to failure to notify the appellant of VCAA provisions and incomplete information regarding radiation exposure in service.

The Board has determined that the veteran's Inclusion Body Myositis did not have its onset during service or for several years thereafter and is unrelated to service.

The VA denied an increased evaluation for the veteran's skin disorder of the hands and penis, currently rated as 10 percent disabling. The Board found that the condition did not meet the criteria for a higher rating based on its current manifestations.

The veteran's appeal for a waiver of overpayment was dismissed as he withdrew his substantive appeal in April 2005.

The Board has determined that the veteran's duodenal ulcer does not meet the criteria for a higher disability rating, and therefore denied his claim.

The Board has determined that the veteran's death was caused by his service-connected back and hip disorders, leading to a recent fall resulting in rib fractures. As such, the cause of death is now considered service connected.

The VA determined that there was no lack of proper care or skill in the medical treatment provided for Charcot arthropathy of the left foot, including the amputation. The veteran's claim for compensation under 38 U.S.C. § 1151 has been denied.

The appellant is not entitled to benefits as a child of a Vietnam veteran born with spina bifida because there is no competent evidence that the appellant has this condition.

The veteran's claims for service connection and increased ratings were denied. The Board found no current cardiovascular disability, and the evidence did not support a finding of in-service incurrence or aggravation of any chronic disease. For his degenerative joint and disc disease of the lumbosacral spine, the Board noted that there was subjective complaints of pain with mild limitation of motion but no more than moderate limitation of motion, resulting in a 20 percent rating. The radiculopathy claim was denied as well due to lack of objective findings supporting a higher rating. For his postoperative residuals of right knee reconstruction and left knee bursa, the veteran did not meet the criteria for an initial compensable rating.

The Board denied the veteran's claim for a total disability rating based on individual unemployability prior to August 3, 2002, as there was no evidence of an earlier claim and the increase in disability was not factually ascertainable before that date.

The Board has determined that the appellant was paid $974.40 for education benefits she did not receive due to her discontinuation of enrollment, and thus the overpayment is valid.