Other conditions decisions — 2001

The veteran's claim for an increased evaluation for his service-connected right tibiofibular fracture was denied due to failure to report for a scheduled VA examination.

The veteran's claim for apportionment of VA disability compensation benefits is being remanded due to conflicting evidence regarding his paternity and the need to obtain a decision from the Circuit Court of the Second Judicial Circuit in Sioux Falls, South Dakota.

The veteran's discharge was due to pregnancy, which is not considered a service-connected disability or a preexisting condition. As she did not serve her obligated period of active duty and was discharged for convenience of the government after only 21 months of enlistment, she does not meet the eligibility criteria for Chapter 30 educational assistance benefits.

The Board denied the appellant's claim for non-service-connected burial benefits.,The Board also denied her claim for an effective date earlier than May 1, 1999 for the award of non-service-connected death pension.

The Board denied the claim for service connection for cause of death due to adenocarcinoma of the stomach with liver metastases, finding no evidence linking it to service or any presumptive conditions.

The Board has determined that the veteran's gastrointestinal disorder is secondary to her service-connected low back disability and has granted service connection for this condition.

The Board finds that the evidence does not support a disability rating greater than 20 percent for residuals of a stress fracture of the right hip with myofascial pain.

The veteran's service-connected organic affective disorder, secondary to head trauma, is manifested by severe social and occupational impairment. The Board has determined that the criteria for a 70 percent rating have been met.

The VA determined that the veteran's service-connected conditions did not cause his death, as there was no evidence linking them to the cardiopulmonary arrest.

The Board denied increased ratings for the veteran's service-connected residuals of a right submandibular gland excision and his scar, status post right submandibular gland excision.

The veteran's vision impairment, including diplopia, is currently rated at 30 percent and the claim for an increased rating has been denied.

The Board found no evidence of permanent aggravation of the veteran's pre-service broken left leg condition during service, and thus denied service connection.

The veteran's disability, residuals of a laceration of the left cubital sphere with median nerve and muscle damage, is currently evaluated at the maximum schedular rating available under the appropriate diagnostic code. The criteria for entitlement to TDIU have been met.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for squamous cell carcinoma of the penis with partial amputation and adenocarcinoma of the colon with metastatic liver disease. However, both claims are denied as there is no credible evidence linking these conditions to service or exposure to ionizing radiation.

The Board has remanded the case for further development due to a significant change in the law and issues related to verifying military service. The appeal is considered 'mixed' as it involves reopening of a claim, which could result in either granting or denying the basic eligibility for VA benefits.

The Board granted an increased evaluation of 10 percent for left trochanteric bursitis, finding that the veteran's pain during flare-ups significantly limited his range of motion.