Other conditions decisions — 2000

The veteran's request for waiver of overpayment of pension benefits was denied because it was not filed within the required 180-day period after notification of the indebtedness.

The veteran's effective date for additional compensation for his spouse is set at May 28, 1987.

The Board found that there was no competent medical evidence linking the veteran's cause of death to his period of active service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied an evaluation in excess of 20 percent for the service-connected residuals of a gunshot wound of the right posterior chest involving Muscle Group II.

The veteran's appeal for a total rating based on individual unemployability (TDIU) has been resolved, and the case is dismissed without prejudice.

The Board found no evidence of a chronic organic gastrointestinal disorder present in service or for many years later, and concluded that the veteran's current gastrointestinal conditions are not related to his military service.

The veteran's appeal for an apportionment of his VA pension benefits was dismissed due to the death of the appellant.

The Board denied the veteran's claims for a clear and unmistakable error in the reduction of his disability rating from 10% to zero percent, and for an earlier effective date for the increase in his disability rating. The August 1948 decision was upheld as consistent with the evidence then of record and the law at that time.

The Board denied the veteran's claims for increased ratings for recurrent bilateral conjunctivitis and pterygium, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The veteran's unauthorized private hospital care from July 2, 1998 to July 7, 1998 was denied reimbursement or payment by VA because prior authorization for the treatment was not obtained and he did not meet the legal criteria for payment of unauthorized medical expenses under the provisions of 38 U.S.C.A. § 1728.

The Board found that the veteran's right foot disability is no more than moderately severe, and therefore denied an evaluation in excess of 20 percent.

The veteran's claim for service connection for PTSD was granted, with a rating of 30 percent effective from February 2, 1995 to April 13, 1997. The claim for residuals of a fracture of the left collarbone resulted in a noncompensable rating.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for enucleation of the right eye as a result of VA medical treatment in 1982 or thereafter resulting in additional right eye disability was denied.

The Board has denied the claim as no new and material evidence was submitted to reopen the service connection for the cause of death.

The Board has determined that the appellant's left hand disability, which includes ankylosis of the middle finger and partial amputation of the index and thumb fingers, warrants a maximum schedular rating of 40 percent. The evidence does not support a higher evaluation.

The Board has determined that the veteran's residuals of a head injury, including dementia with psychotic features, are service-connected. However, his immature personality disorder is not recognized as a disease or injury for VA compensation purposes.

The Board has granted the veteran's claim of service connection for residuals of a compression fracture of the thoracic spine at the T9 vertebra and assigned a 10 percent rating, effective from February 21, 1997. The decision also addressed whether the September 6, 1973 RO decision denying service connection was clearly and unmistakably erroneous.

The appellant's claim for an increased evaluation of his service-connected total proctocolectomy disability is being remanded due to the need for additional medical records and a thorough examination.

The Board has determined that the appellant's claims for service connection for malaria and a lung disability are not well grounded. There is no competent medical evidence of current diagnoses or a nexus between any claimed conditions and the appellant's period of service.

The Board has determined that the veteran's bilateral pterygium does not result in a loss of vision, and therefore, denies an increased (compensable) disability evaluation for this condition.