Other conditions decisions — 2000

The Board has determined that the veteran's residuals of cerebrospinal meningitis, including symptoms such as anxious/depressed mood, disjointed thinking, chronic sleep impairment, and mild memory loss, warrant a 30 percent disability evaluation.

The Board has determined that the appellant's claim for service connection for the cause of the veteran's death is well grounded. The private physician concluded that the veteran's death was due to a chronic pain problem stemming from his service-connected disability.

The veteran's claims for increased evaluations and CUE in prior rating decisions were denied. The Board found no clear and unmistakable error in the September 1945, March 1947, or May 1960 rating actions.

The Board has determined that the veteran's claims for service connection are not well grounded and have therefore been denied.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for PTSD. The case will be remanded for further development.

The veteran's service-connected post-operative subtotal gastrectomy and vagotomy for peptic ulcer, with mild to moderate residuals including dumping syndrome and secondary anemia, renders him incapable of securing or following a substantially gainful occupation.

The Board found that the appellant's discharge from military service was under other than honorable conditions due to a prolonged absence without leave (AWOL) for 158 days. The Board concluded that there were no compelling circumstances warranting such an extended period of AWOL, and thus his character of discharge serves as a bar to VA benefits.

The Board has determined that the veteran's claims for increased ratings for his left thumb and skin disorders are not well-grounded, as there is no evidence of worsening conditions or new symptoms warranting higher disability ratings. The current 10 percent disability ratings assigned for these conditions adequately compensate the veteran.

The Board denied the appellant's request for payment or reimbursement of medical expenses from unauthorized treatment at Columbia West Florida Regional Medical Center due to lack of evidence showing a 'medical emergency' and that VA facilities were feasibly available.

The Board denied the veteran's claims for service connection for residuals of an eye injury and a compensable rating for conjunctivitis, finding no competent medical evidence linking current disabilities to service.

The Board denied the veteran's claims for earlier effective dates prior to November 2, 1994 for service connection for fatigue and chemical sensitivity due to undiagnosed illness. The effective date of the liberalizing law was November 2, 1994.

The Board found that the veteran's skin condition is not a disease for which service connection can be granted based on Agent Orange exposure. The claim was also denied as there is no evidence linking his current skin condition to his period of service.

The Board found that the veteran's claim of entitlement to service connection for a skin disorder as secondary to Agent Orange exposure is not well grounded due to lack of evidence supporting a current diagnosis and no medical opinion linking the condition to military service.

The veteran's claims for service connection for lymph node disorder and skin disorder, as well as his request for an increased rating for left shoulder dislocation, were denied. The July 1973 rating action awarding a 10% evaluation for the left shoulder disorder was found to be clearly and unmistakably erroneous.

The VA denied the veteran's claims for increased evaluations for his service-connected shin splints, right leg; stress fracture of the left mid-forefoot; and defective hearing in the left ear. The evidence did not support a compensable evaluation for any of these conditions.

The veteran was hospitalized for respiratory issues and other conditions. The VA doctor found that the hospitalization was not authorized, and a transfer to a nearby VA facility would have been feasible at the time of admission. Therefore, the claim is denied as the preponderance of evidence does not support reimbursement or payment for medical expenses.

The veteran's unauthorized medical expenses incurred for Hodgkin's disease were denied as the care was not rendered in a medical emergency and VA facilities were feasibly available.

The Board has granted a waiver of recovery for an overpayment of compensation in the amount of $1,624. The veteran's fault in creating the overpayment is acknowledged, but it was also determined that recovery would cause significant financial hardship and defeat the purpose for which benefits are paid.

The veteran's bilateral lower extremity disability was rated at 30 percent from June 1, 1990 to January 11, 1998.,From January 12, 1998, the veteran's left leg lymphedema is rated at 20 percent and her right leg lymphedema is also rated at 20 percent.

The Board of Veterans' Appeals has determined that the appellant is entitled to the proceeds from the veteran's NSLI policy, as evidenced by the December 1990 beneficiary designation signed by the veteran and witnessed.