Other conditions decisions — 2000

The veteran's pleurisy is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board granted an increased evaluation to 30 percent for the veteran's hiatal hernia with reflux esophagitis, effective February 17, 1999. The claim for a prior effective date was also granted.

The veteran's residuals of multiple shell fragment wounds of the right leg are rated at 20 percent, effective as of the date of this decision. The evaluation for traumatic arthritis of the right hand remains at 10 percent.

The veteran's appeal is being remanded for a hearing before a Member of the Board at the RO in Los Angeles, California.

The Board has determined that the appellant does not meet the requirements to be recognized as the veteran's surviving spouse for VA death pension benefits due to a lack of continuous living with the veteran from 1985 to his death in May [redacted], 1995.

The VA correctly computed the rate of nonservice-connected death pension benefits for the period January 1, 1995 to December 31, 1995. The appellant's reported $167.00 in unreimbursed medical expenses does not exceed 5 percent of the maximum annual rate of pension payable to the appellant.

The Board denied the appellant's claim as they could not verify his service in the United States Armed Forces, thus denying him basic eligibility for VA benefits.

The Board of Veterans' Appeals (BVA) has determined that the veteran's claim for an increased rating for residuals of a fracture of the left mandible is denied due to inadequate VA examinations and incomplete medical records. The BVA also notes that the veteran failed to report for his scheduled VA examination, which may result in denial of his claim.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for basic eligibility for dependents' educational assistance benefits under Chapter 35, Title 38, United States Code.

The Board denied the veteran's request to reopen his claims for service connection due to lack of new and material evidence.

The Board found that new evidence submitted by the veteran does not meet the criteria for reopening his infertility claim, as it is neither new nor material. The March 1990 rating decision denying service connection remains final.

The Board denied the veteran's request to reopen his claim for service connection for postoperative residuals of a varicocelectomy of the left testicle, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for service connection and benefits under 38 U.S.C.A. § 1151, finding that his eye disorders were not related to his military service or VA treatment.

The Board denied the claim for service connection for the cause of death due to lack of evidence showing a nexus between the veteran's conditions and his military service.

The Board has remanded the case for additional development, including a sigmoidoscopy to determine the etiology of the veteran's gastrointestinal symptoms.

The Board found that the veteran's son was not permanently incapable of self-support prior to his 18th birthday, and therefore may not be recognized as a helpless child.

The Board granted an earlier effective date for DIC benefits and entitlement to accrued benefits for Hodgkin's disease, reversing the previous decisions.

The Board denied an increased rating for generalized urticaria, finding that the veteran's symptoms do not meet the criteria for a higher evaluation under either the old or new Diagnostic Code 7118.

The Board found that a timely appeal was not filed from the October 17, 1991 rating decision denying service connection for astrocytoma.

The Board found that the appellant's actions did not meet the high standards of fraud, misrepresentation or bad faith. As a result, waiver of recovery of the overpayment was not precluded by law.