Other conditions Board decisions

The Board of Veterans' Appeals has denied the veteran's claim for basic eligibility for nonservice-connected disability pension due to a lack of qualifying service.

The veteran's claim for an increased rating for his service-connected postoperative residuals of subtotal gastrectomy is being remanded due to the need for additional examination and consideration under the new Veterans Claims Assistance Act of 2000.

The veteran died of multiple myeloma, which the Board found was not caused by a service-connected condition. The Board concluded that there is no persuasive evidence linking the in-service blood transfusions to the development of multiple myeloma.

The veteran's right chondromalacia patella is currently rated at 10 percent disabling, and the Board has determined that a higher rating is not warranted.

The Board found that the veteran's Crohn's disease/ulcerative colitis was initially manifested during his period of active service and granted service connection.

The Board denied the veteran's request for waiver of overpayment in the amount of $1,000.00 due to fault on his part and lack of undue hardship.

The Board denied the veteran's claim for reimbursement of unauthorized non-VA medical treatment received in November 1994.

The Board denied the appellant's request for a waiver of recovery of an overpayment of education assistance benefits due to her failure to submit a timely request within the required 180 days following notification of indebtedness.

The veteran's service-connected residuals of a concussion, diagnosed as brain syndrome with dementia with fixed delusions of persecution and paranoia due to head trauma, resulted in total social and occupational impairment. The Board granted a 100 percent rating for these disabilities.

The Board has granted the veteran's claims for service connection for a lung disorder secondary to phosphorus burns and an increased rating for Raynaud's phenomenon, but denied his claim for hyperhidrosis.

The veteran seeks an increased rating for his service-connected post-traumatic stress disorder (PTSD). The Board previously awarded a 50 percent disability rating, but the Court has now remanded the case to allow consideration of new evidence and legal arguments. Additional development is needed, including obtaining treatment records from the Vet Center and assessing whether the veteran's drug and alcohol problem is secondary to his PTSD.

The veteran's claims of service connection for obstructive airway disease and a right leg condition, as well as his claim for an initial compensable evaluation for hemorrhoids, were denied. The Board found that the evidence did not support the veteran's claims.

The case is being remanded to the RO for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The appellant will be provided a supplemental statement of the case if any benefit sought remains denied.

The Board found that the appellant can be recognized as the surviving spouse of the veteran due to her marriage being deemed valid under Philippine law, despite a legal impediment. The claim for service connection for cause of death is moot.

The veteran's appeal is granted, with an effective date of September 23, 1991 for a 30 percent evaluation for her service-connected breast nodules.

The veteran's claim for an earlier effective date for the award of special monthly pension benefits based on the need for regular aid and attendance has been denied. The Board found that January 18, 2000 is the earliest date upon which entitlement to such benefits may be established.

The veteran's postoperative bilateral tarsal tunnel syndrome with neuropathy is currently rated at 30 percent for both feet, effective from October 18, 1994 to December 1, 1994. The RO has granted a temporary total rating due to convalescence following the ankle surgery.

The Board has determined that the veteran's service-connected shell fragment wound of the right hand warrants an increased evaluation to 20 percent, reflecting full range of motion and additional functional impairment due to his service-connected disability.

The veteran's appeal is being remanded due to the recent enactment of the Veterans Claims Assistance Act (VCAA). The case will be readjudicated in light of the VCAA and further development, including obtaining medical records and scheduling a VA examination, will be required.

The Board granted service connection for the cause of the veteran's death based on VAOPGCPREC 2-93 and new and material evidence submitted by the appellant, effective March 10, 1997.