Other conditions decisions — 2000

The Board finds that the veteran's current back disorder, including traumatic arthritis and pinched nerves, is related to his military service, specifically a parachute jump during combat in 1944. Service connection for these conditions is granted.

The veteran's appeal is being remanded due to the need for additional information from his employers regarding absences and reasons for those absences. The case will be returned to the Board for further consideration.

The veteran's claims for increased ratings and TDIU benefits were denied by the RO. The case is being remanded to obtain additional medical evidence and ensure compliance with VA procedures.

The Board has denied the veteran's claims for service connection for residuals of concussion and left middle cerebral infarct, as well as his claim for a compensable evaluation for facial wounds. The noncompensable rating assigned for facial wounds remains unchanged.

The veteran's service is not recognized, and therefore he does not meet the eligibility criteria for VA benefits.

The Board denied the claim of service connection for the cause of the veteran's death due to esophageal cancer, finding that there was no evidence linking the cancer to exposure to Agent Orange in Vietnam or any other service-connected condition.

The Board denied an increased rating for the veteran's service-connected dysthymia, finding that his symptoms did not meet the criteria for a higher rating.

The VA denied the veteran's claim for an increased rating for his service-connected left ear disability, finding that the evidence did not support a higher evaluation due to lack of current symptoms such as suppuration or aural polyps. The veteran's hearing loss was rated at 10 percent under Diagnostic Code 6100.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as the earliest possible effective date is July 25, 1997.

The Board has determined that VA did not authorize (contract for) hospital care and/or medical services provided the veteran at Worcester State Hospital during a period of commitment beginning on September 20, 1995. Consequently, the appellant may recover expenses associated with such care and services only if entitlement to VA payment or reimbursement of unauthorized medical expenses is demonstrated under specific provisions.

The Board found that the reduction of the veteran's defective hearing rating from 50% to 10% was proper based on the improvement in his hearing acuity as evidenced by recent audiometric tests.

The Board of Veterans' Appeals has determined that the veteran's service-connected adjustment disorder with depressed mood does not warrant a rating in excess of 50 percent.

The Board dismissed the veteran's appeal for waiver of recovery of an overpayment of compensation benefits related to dependency benefits paid for his former wife, Betty, in the amount of $11,694 due to a lack of timely submission of a substantive appeal.

The veteran's service-connected residuals of a fractured nose are currently productive of only slight symptomatology, with no evidence of marked interference with breathing spaces or significant obstruction of the nasal passages. As such, an increased evaluation is not warranted.

The Board has determined that the current record is not sufficient to make a decision on the claim and has ordered further development, including obtaining additional medical records and arranging for an examination by a physician.

The Board found that the appellant filed a timely request for waiver of recovery of her overpayment of VA death pension benefits, and thus granted the claim.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for right hand Dupuytren's contracture.

The veteran's service-connected disability of left thalamic lesions with decreased sensation of the right side of the body was previously established by a June 1998 rating decision and remains in effect. The RO has denied an increased evaluation for his service-connected psychoneurosis.

The veteran is granted a 60% evaluation for his service-connected herniated nucleus pulposus at L5-S1 and L4-L5 levels, effective August 17, 1995.

The veteran is seeking an increased rating for his service-connected strain of the sacrospinalis muscles with degenerative joint disease, currently rated at 40 percent. The RO has requested additional information and development regarding this claim.