Other conditions decisions — 2000

The Board has found that new and material evidence has been submitted to reopen the veteran's claims for service connection for residuals of an orchiectomy, appendectomy, and hernioplasty. The RO should schedule a VA examination(s) to evaluate the veteran's current complaints and determine if any disability is related to his inservice treatment.

The Board denied the veteran's claim for an increased evaluation of his complex regional pain syndrome involving the left ilioinguinal nerve, finding that it did not meet the schedular criteria. The issue of major depression was also addressed but is not included in this decision summary.

The appellant's request to extend her delimiting date for receipt of Dependents' Education Assistance under Chapter 35, Title 38, United States Code was denied as she is beyond the age of 31 and does not meet the statutory exception set forth in 38 C.F.R. § 21.3041(e)(2).

The veteran's stroke in July 1994 resulted from VA medical care, and the Board finds that there is an equipoise of evidence supporting his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for an increased evaluation for partial paralysis of the right upper extremity and special monthly compensation benefits for loss of use of the right hand and upper extremity, finding that his disability did not meet the criteria for a higher rating or loss of use as defined by VA regulations.

The Board denied the veteran's claim for an increased initial rating of 50 percent for his service-connected Post Traumatic Stress Disorder (PTSD), finding that the evidence did not support a higher evaluation due to occupational and social impairment with deficiencies in several areas, but without meeting the criteria for a 70% or 100% evaluation.

The Board has remanded the case due to a lack of well-groundedness and requests that additional evidence be obtained before deciding the claim.

The veteran's appeal is denied as he is not entitled to an effective date earlier than May 27, 1992 for the grant of a total disability rating for compensation purposes due to individual unemployability.

The Board denied the veteran's claim of service connection for residuals of the surgical removal of an undescended right testicle, finding no new and material evidence. The claim of service connection for defective hearing is pending.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a right upper extremity disability, secondary to his service-connected amputation of the left arm below the insertion of the deltoid.

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

The Board found that the VA's action of withholding disability compensation until severance pay was recouped was proper and in accordance with applicable law and regulation.

The Board denied the veteran's claim for an increased rating for his service-connected herniated nucleus pulposus, post-operative, L4-5, status post fusion, as it did not meet the criteria for a higher disability evaluation.

The VA denied the veteran's claim for service connection for loss of sense of taste, which he claimed was related to his service-connected postoperative nasal fracture with breathing impairment.

The Board denied the claim for an earlier effective date for special monthly compensation benefits due to the absence of legal merit or lack of entitlement under the law.

The Board denied service connection for right eye disability in December 1983 and found no new and material evidence to reopen the claim. The RO declined to reopen the claim again, leading to this decision.

The veteran's claim for a compensable evaluation for tonsillectomy residuals is being remanded due to the need for additional medical evidence and an examination.

The veteran's claim for reimbursement of unauthorized private hospital care from March 30, 1997 to April 1, 1997 was denied because prior authorization by VA for the treatment was not obtained and he did not meet the legal criteria for payment or reimbursement under 38 U.S.C.A. § 1728.

The Board has determined that the veteran's right knee disability, characterized by no appreciable limitation of flexion and limited extension to 10 degrees with moderate instability, does not warrant an evaluation in excess of 30 percent.

The Board has determined that the veteran's myelodysplastic syndrome is not due to service, including exposure to ionizing radiation. The evidence does not support a finding of service connection.