Other conditions decisions — 2000

The Board dismissed the appeal because the appellant died during the pendency of her accrued benefits claim.

The Board has granted a 70 percent rating for the service-connected right hand disability and awarded special monthly compensation based on loss of use of the right hand. The TDIU claim is remanded due to insufficient evidence regarding the veteran's employability.

The Board denied the veteran's claims of service connection for atrophy of the right leg due to polio by aggravation and whether there was clear and unmistakable error (CUE) in the June 1972 rating decision which denied service connection for one leg being larger than the other.

The Board found that the February 1972 rating decision was not clearly and unmistakably erroneous, as the veteran's left elbow did not meet the criteria for ankylosis or loss of natural elbow action.

The Board denied the appellant's claim for non-service connected death pension benefits, finding that new and material evidence had not been submitted to reopen her claim.

The veteran withdrew their appeal, so the case is dismissed.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that his current disability resulted from VA treatment.

The veteran's unauthorized medical expenses incurred due to a motor vehicle accident are approved by VA, as the treatment was necessary in a medical emergency and no other feasible options were available.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a left hip disorder, as the evidence did not show residuals of a left hip injury.

The veteran's claim for a rating in excess of 10 percent for right inguinal herniorrhaphy is denied. The Board grants a separate evaluation of 10 percent for post-surgical right inguinal hernia repair neuralgia.

The RO denied an increased rating for the veteran's service-connected myotonia, which is currently rated at 10 percent.

The Board has determined that the veteran's residuals of a gunshot wound to the left calf, with injury to Muscle Group XI, meet the criteria for a 20 percent disability rating.

The Board found that the veteran's claims for increased ratings for amebic dysentery and hookworm infection were not well-grounded, as there was no evidence of current disability or a nexus to service. The claim for malaria was also not well-grounded due to lack of current disability and a lack of a nexus to service. The Board granted the veteran's claim for increased rating for residuals of a combat injury to the right flank.

The Board denied the veteran's claim for service connection for the cause of his death, finding that non-Hodgkin's lymphoma was not related to service or occupational exposure to ionizing radiation.

The Board found that there was no evidence showing a service-connected disability caused the veteran's death or that his cancer was caused by exposure to herbicidal agents in service. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as not well grounded due to the lack of competent medical evidence linking his paraplegia to VA treatment.

The Board granted service connection for the cause of the veteran's death, and the appellant is eligible to receive attorney fees based on past-due benefits from this decision.

The Board found that the veteran's current bilateral eye disability, characterized as blindness of both eyes, is not service-connected and denied his claim. The claim for a rating in excess of noncompensable evaluation for residuals of a fracture of the fourth finger of the left hand was also denied.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for residuals of a T12 compression fracture with anterior wedging and degenerative changes at T11, T12 and L1.

The Board denied the veteran's claim for an extension of a temporary total evaluation beyond January 31, 1994 following foot surgery in December 1993 due to insufficient evidence that he required convalescence.