Other conditions Board decisions

The veteran's request for aid and attendance benefits beyond December 1, 1999 is being remanded to the regional office for scheduling a hearing before a Veterans Law Judge at the Little Rock RO.

The Board has determined that the veteran's service-connected retropatellar pain syndrome of both knees does not warrant an increased rating as there is no evidence of instability or arthritis, and his range of motion remains within normal limits.

The veteran's pelvic fracture disability, which is currently rated at 40 percent, does not meet the criteria for a higher evaluation as there is no evidence of painful motion or functional loss due to pain.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment from April 6, 1994 to June 20, 1995, as she did not meet the legal requirements.

The Board granted a 30 percent rating for the appellant's recurrent pilonidal cyst, effective from April 21, 1998.

The Board granted service connection for spastic paraparesis and assigned a 40 percent rating effective from April 21, 1997. The RO is to readjudicate the special monthly compensation claim and any other pending claims.

The Board denied the veteran's claim for service connection for visual acuity defect and loss of sight due to burns, finding that new evidence submitted since the November 1984 decision was not material.

The veteran's residuals of removal of meatal condyloma, status post circumcision and cystectomy are manifested by soft and slightly hypopigmented scars; and reports of discomfort with intercourse and penile numbness. The criteria for a 10 percent evaluation have been met.

The veteran's death was caused by metastatic squamous cell carcinoma of the lung, which is not service-connected as it did not occur during his active duty or due to exposure to herbicides. The Board found that there was no evidence linking the cause of death to his period of service.

The veteran's spouse, the appellant, is denied death pension benefits as she did not meet the statutory requirements for such benefits.

The Board denied the veteran's claim for an increased rating for his service-connected right upper arm injury, finding that the disability manifested by subjective complaints of pain and discomfort with use, minimal loss in range of motion, and some decrease in strength does not warrant a higher evaluation.

The veteran's daughter, [redacted], is recognized as permanently incapable of self-support at the age of 18 due to a mental defect and thus qualifies for benefits.

The Board denied the veteran's claims for increased ratings for his left leg varicose veins, finding that the evidence did not meet the criteria for a rating greater than 20 percent prior to January 12, 1998 and found that a 40 percent evaluation was appropriate beginning on January 12, 1998.

The Board found that the veteran's claim for service connection for liver disorder, lipomas, and sebaceous cysts as due to Agent Orange exposure is plausible. The claim for reopening of PTSD was denied because no new and material evidence has been submitted.

The veteran's spouse is granted an apportionment of 20 percent of the veteran's nonservice-connected disability pension, as it does not cause undue hardship to the veteran.

The Board dismissed the appeal due to the death of the appellant.

The Board has determined that the veteran's gastrointestinal disability, claimed as peptic ulcer disease, is well-grounded and has been granted service connection based on direct evidence.

The claim for service connection for the cause of death is not well grounded due to lack of evidence linking adenocarcinoma of the cecum with liver metastasis to service.,The claim for Dependents' Educational Assistance (DEA) benefits is also not well grounded as it depends on a finding that the veteran's death was caused by a service-connected disability.

The Board has reopened the claim for service connection for the postoperative residuals of a right inguinal hernia and denied the claim for service connection for the postoperative residuals of bilateral inguinal hernia repair due to lack of evidence supporting these claims.

The Board has determined that the veteran's avascular necrosis of the first metacarpal of the right thumb warrants a 20 percent evaluation, which is higher than the current 10 percent rating.