Other conditions Board decisions

The veteran's estranged spouse requested an apportionment of the veteran's service-connected disability benefits. The Regional Office granted this request effective from October 1, 1998. There is no legal basis for earlier effective dates.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for spondylolysis at L5-S1 with spondylolisthesis. The RO previously denied this claim in February 1994, but the veteran provided additional medical records and personal statements suggesting his low back disability may have begun during active duty.

The Board denied an increased disability rating for bilateral otitis externa and the issue of service connection for otitis media. The veteran is currently rated at the maximum disability rating available for his service-connected bilateral otitis externa.

The Board of Veterans' Appeals has determined that the evidence submitted since the April 1997 decision does not constitute new and material evidence sufficient to reopen the claim for an earlier effective date for TDIU. The veteran's claim is therefore denied.

The veteran's right knee disability, including arthritis and previous surgery, is rated at 30 percent. A separate 10 percent rating for arthritis is granted, resulting in a total of 40 percent disability for the right knee.

The veteran's claim for educational assistance benefits under either Chapter 30 or Chapter 34, Title 38, United States Code is denied due to the expiration of the Chapter 34 program and lack of qualifying service.

The Board denied service connection for the cause of the veteran's death, finding that there was no competent medical evidence linking a service-connected disability to his death. The decision also noted that heart disease in former POWs is presumed under certain conditions but did not find it applicable in this case.

The Board found that the veteran's untimely request for a waiver was due to circumstances beyond his control, and thus granted the appeal as he submitted his request within the extended time frame.

The veteran's disability rating for non-Hodgkin's lymphoma was reduced from 30 percent to 0 percent, but this reduction is now considered void ab initio due to the failure to apply the proper regulations. The court has ordered that the original 30 percent rating be restored.

The appellant's application for basic educational assistance under Chapter 30, Title 38, United States Code is denied as he does not meet the legal criteria for eligibility.

The Board denied the veteran's claim for service connection for vascular disease, which he claimed was secondary to his service-connected bilateral trench foot. The case is being remanded for further development and consideration.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim for revocation of her forfeiture of VA benefits. The case was remanded due to a conflict in legal criteria regarding what constitutes new and material evidence.

The Board has determined that the veteran contracted HIV during service and this infection led to an HIV-related illness, including Herpes Zoster. The Board granted service connection for these conditions.

The Board found that the veteran's adenocarcinoma of the rectum, with metastasis to the liver, was not incurred or aggravated by active military service and could not be presumed to have been so incurred due to herbicide exposure in Vietnam. The claim for service connection was denied.

The Board has determined that the veteran's service-connected residuals of an anterior wedge compression fracture of T7 warrant a 20 percent disability evaluation from April 28, 1992 to November 19, 1999.

VA has ceased action to recover any debt owed in this matter and any money collected by offset has been refunded. The veteran's appeals are dismissed as his appeals have, in essence, been granted.

The Board has granted a 30 percent evaluation for the service-connected chronic recurrent herpes zoster, left sided facial pain and removal of viral papilloma from the oropharynx, residuals of a post-herpetic infection since August 16, 1992. The claim for increased rating for tinnitus is denied as it does not meet the criteria for an evaluation higher than 10 percent. The claim for increased (compensable) rating for left ear sensorineural hearing loss is granted with a current evaluation of 30 percent.

The Board has determined that the veteran did not file a timely substantive appeal for his claims of service connection for a prostate disorder and entitlement to total disability rating based on individual unemployability due to service-connected disabilities. As such, the appeals are dismissed.

The Board found that the veteran does not have a current acquired psychiatric disorder and concluded that his personality disorder was not incurred in or aggravated by service.

The appellant was granted dependency and indemnity compensation benefits, but her payments were withheld due to a settlement of a tort claim against the United States. The decision is based on service-connected death under 38 U.S.C.A. § 1151.