Other conditions decisions — 2000

The Board has remanded the case due to an issue related to reimbursement for unauthorized hospital care, and the authorization of private hospital care at VA expense. The appellant's service-connected disabilities include a cardiovascular disability.

The case is being remanded for further development, including obtaining medical records and scheduling a pulmonary examination to determine the nature and etiology of any respiratory disability due to service-connected malignant lymphoma.

The Board found that the overpayment of $125 in VA improved pension benefits was properly created, based on the evidence and without finding administrative error.

The Board has reopened the veteran's claim for service connection due to new and material evidence submitted since the final April 1956 determination.

The Board denied the veteran's claim of entitlement to VA disability compensation under 38 U.S.C.A. § 1151 for impotency, finding that there was no evidence supporting his claim and concluding that the change in medication dosage did not cause his impotence.

The Board denied the veteran's claim of entitlement to service connection for a blood disorder, claimed as due to exposure to ionizing radiation, finding no evidence of such condition and concluding that it was not incurred in or aggravated by active service.

The veteran's claim for service connection for a nervous disorder is being remanded due to the need for additional development, including obtaining medical records and providing VA examiners with updated information.

The VA has determined that the veteran's right hand disability, specifically involving the second and fifth digits, does not meet the criteria for a compensable evaluation under the applicable rating schedule. The evidence shows no limitation of motion or functional impairment in these fingers.

The Board denied the veteran's claim for service connection for alopecia areata, finding that it was not incurred or aggravated during a period of active service. The evidence showed that alopecia areata first manifested in June 1992 and there is no record of the appellant engaging in active duty for training with the Army National Guard in June 1992.

The veteran's claim of entitlement to a disability rating in excess of 30 percent for service-connected post traumatic stress disorder (PTSD) is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has restored service connection for bilateral inguinal hernias, finding that the decision to sever it was not proper due to clear and unmistakable error in a prior rating decision.

The evidence received since the September 1985 decision is new and material, allowing the veteran's claim for service connection for a psychosis to be reopened.

The Board denied the appellant's claims for increased evaluations for his service-connected disabilities, including left forearm amputation (major), malunion of the left tibia and fibula, residuals of multiple perforating shell fragment wounds of the left leg, residuals of shell fragment wounds of the left chest and back, and residuals of a left perforated tympanic membrane. The appellant was granted a total disability rating based on individual unemployability.

The Board denied the appellant's request for a waiver of overpayment of death pension benefits due to it being untimely filed, as her request was received beyond the statutory 180-day time period.

The Board has determined that the veteran's residuals of a gunshot wound to the right elbow and humerus with nerve damage to all radicular nerve groups, and medial and ulnar nerves do not meet the criteria for an increased evaluation beyond the current 70 percent rating.

The Board denied the veteran's claims for an increased rating for duodenal ulcer disease and a compensable rating for hearing loss of the left ear. The veteran was granted a 20% rating for his service-connected duodenal ulcer disease, but his claim for hearing loss remains denied.

The Board denied the veteran's claim of clear and unmistakable error in the January 1993 rating decision that denied a compensable disability rating for service-connected psychoneurosis. The veteran argued that there was sufficient evidence to support a higher rating, but the Board found no specific error on the part of the RO.

The veteran's appeal has been dismissed due to his death.

The veteran's claim for a higher evaluation of her service-connected urinary incontinence with subsequent bladder surgery was granted, and she is now rated at 20 percent. The effective date remains August 26, 1997.

The Board denied the veteran's claim for an effective date earlier than December 5, 1996 for a 10 percent disability evaluation for his service-connected right first finger injury residuals. The decision found that there was no indication of increased severity prior to December 5, 1996 and thus, the earliest date as of which it is factually ascertainable that an increase in disability occurred is December 5, 1996.