Other conditions Board decisions

The Board found that the veteran's receipt of $977 in gambling winnings was countable as income for improved pension purposes, and thus reduced his monthly improved pension benefits from $395 to $313, effective February 1, 1996 through January 1997.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization at Palms West Hospital from November 19, 1995, through December 6, 1995 is denied as the evidence does not demonstrate that he was treated for a service-connected condition or a nonservice-connected disability associated with and aggravating a service-connected condition.

The Board denied a higher rating for peptic ulcer disease with chronic gastrointestinal disorder, originally rated at 10 percent from January 29, 1991. The case was remanded due to the need for additional development and examination.

The veteran's claim for service connection for PTSD has been granted, but the effective date of this grant is not specified. The issue is dismissed as moot due to the subsequent granting of a higher rating.

The Board has remanded the case for additional development due to a significant change in the law brought about by the Veterans Claims Assistance Act of 2000 (VCAA). The claim will be reconsidered based on the new legal framework and evidence.

The Board denied a higher rating for cystic intertrigo of the groin area and gluteal cleft, finding that it did not meet the criteria for a higher rating based on constant exudation or itching, extensive lesions, or marked disfigurement.

The Board denied service connection for cardiac arrhythmia in June 1990, finding that the condition preexisted service and did not worsen during service. The veteran is now requesting a revision of this decision on grounds of clear and unmistakable error (CUE).

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current lung disorder is not related to such exposure. The Board also noted that there is affirmative evidence that his condition is due to smoking, rather than a supervening condition.

The Board has reopened the claim but denied service connection for bilateral saphenous nerve injury secondary to saphenous vein stripping as there is no evidence of a current disability.

The Board has determined that the cause of the veteran's death was coronary atherosclerosis, which is likely to have begun during his active military service. Therefore, service connection for the cause of the veteran's death is granted.

The Board found no evidence of a chronic GI disorder during service and denied the veteran's claim for service connection.

The Board found that the veteran's throat and swallowing difficulties were not caused by VA medical or surgical treatment, and thus denied his claim for compensation under 38 U.S.C. § 1151.

The Board found that the appellant's character of discharge was a bar to his receipt of VA benefits due to unauthorized absences during service.

The veteran died in November 1999 and was not discharged or released from active military service for a disability incurred or aggravated in line of duty. The appellant's claim for VA burial allowance benefits is denied as the veteran did not have a pending claim at the time of his death, he was not hospitalized by VA, and there were no available resources to cover burial expenses.

The Board denied the appellant's request for an earlier effective date prior to December 8, 1997 for the grant of service connection for post-traumatic stress disorder. The appeal was based on a claim that had been previously denied in July 1991 and reopened in January 1994. The Board found that the earliest effective date available is one year prior to the date of reopening, which is December 8, 1997.

The veteran's subluxation of the 3rd through 5th sternoclavicular joints on the right chest wall is currently rated at 30 percent, effective from October 1999. The RO found that his limitation of motion more nearly approximated a 30 percent evaluation.

The veteran's claim for an increased rating for his service-connected residuals of an appendectomy was granted, but the RO only increased it to 10 percent from 0 percent.

The Board denied an increased rating for the veteran's service-connected left eye disability, finding that a 20 percent evaluation was warranted based on continued 'active eye pathology' as of September 11, 2000.

The veteran's service-connected Spasmodic Dysphonia is rated at 10 percent, while her Adjustment Disorder with Anxious Mood is rated at 30 percent. The decision is mixed as it grants a higher rating for one condition and denies the other.

The Board found that the veteran's bilateral inguinal hernia are not proximately due to or the result of his service connected low back disability. The claim for an increased rating for his service-connected post-operative herniated disc at L4-5 with chronic low back pain and right sciatic radulopathy was also denied.