Other conditions decisions — 2000

The Board denied the veteran's request for an extension of his delimiting date for Educational Assistance benefits under chapter 32, title 38, United States Code beyond October 23, 1991. The decision stated that there is no legal authority to grant or extend chapter 32 benefits past the appellant's delimiting date.

The Board denied the veteran's claims for service connection for a dental disorder due to trauma, as well as his requests for Class II(a) and Class III VA outpatient dental treatment. The Board also found that he did not meet the criteria for payment or reimbursement of unauthorized dental expenses.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability resulting from a penile implantation performed at a VA facility in October 1989, finding that there was no evidence of such disability.

The veteran's claim for an increased rating and a total disability rating based on individual unemployability was denied due to his failure to report for scheduled VA examinations.

The veteran's left femur fracture, resulting from a fall during hospitalization at VA facilities in February 1992, is considered to have resulted from the circumstances of his hospitalization. As such, he is entitled to compensation under 38 U.S.C.A. § 1151.

The veteran's spouse submitted a claim for DEA benefits under Chapter 35, Title 38, United States Code, but the claim was denied because it was not filed within the required time frame (August 1982).

The veteran's claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $13,596 was denied because it was not timely filed.

The Board denied the veteran's claims for service connection for a back disability and lung disability, finding that his current conditions were not related to his military service.

The Board has determined that the veteran's left clavicle disability warrants a 20 percent rating, reflecting limitation of motion to shoulder level.

The Board has determined that it does not have jurisdiction to decide the matter of eligibility for attorney fees from past-due benefits, as addressed by the Court in Scates v. Gober.

The Board granted separate 30 percent ratings for right and left trenchfoot, increasing the veteran's combined rating from 40 to 60 percent effective January 12, 1998.

The Board found clear and unmistakable error in the February 1957 rating decision that denied service connection for bilateral defective vision, as evidence of record at the time showed a diagnosis of retinochoroiditis both during service and after service.

The Board has determined that the veteran's pre-existing left eye disability, characterized as cataract extraction and iris distortion, was aggravated by active military service.

The Board has determined that the claim of entitlement to service connection for TMJ syndrome is well grounded and requires further development before a decision can be made.

The veteran's right hip disability is rated at 50% and his abdominal muscle disability with incisional hernia is rated at 40%. The lumbosacral strain was initially rated at 40% from November 12, 1996 to February 10, 1997, and later increased to 60% after that date.

The Board denied reimbursement or payment of unauthorized medical expenses due to the appellant's period of hospitalization at Indian River Memorial Hospital from April 8, 1997, to April 11, 1997, as there was no evidence of a medical emergency requiring urgent admission.

The Board has granted an increased rating to 10% for the veteran's residuals of a gunshot wound of the left thigh, effective from when it was first rated.

The veteran's thoracic spine disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 and a temporary total evaluation based on post-surgical convalescence is granted.

The Board denied the veteran's appeal, finding that his election to receive Chapter 30 education benefits was not timely received by VA due to a change in the statutory deadline date from October 23, 1993 to before October 23, 1993. The decision also noted that under prior regulations, if the