Other conditions decisions — 2000

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for enrollment prior to April 21, 1998, is denied as he is not entitled to such benefits due to the receipt date of his application.

The veteran's unauthorized private medical expenses incurred from September 1998 to October 1998 are denied as the care was not rendered in a medical emergency, unrelated to service-connected disabilities, and VA facilities were feasibly available.

The veteran's residuals of a cholecystectomy are rated at 10 percent, the minimum rating available for this condition.

The Board has granted a 50 percent rating for the veteran's service-connected compression fracture L-1, effective from July 1998.

The veteran's request for a waiver of recovery of an overpayment of VA disability pension benefits was denied because it was not filed within the 180-day period following notification of the indebtedness.

The veteran's case is being remanded for a Travel Board hearing at the Wilmington, Delaware Regional Office.

The Board denied service connection for defective vision, finding that the decreased visual acuity was due to refractive errors (myopia and astigmatism) present during military service. The macular degeneration, which first manifested many years after discharge, is unrelated to service.

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, medial, and ulnar nerves do not meet the criteria for an increased evaluation beyond the current 70 percent rating. The claim for special monthly compensation based on loss of use of the right hand is also denied as there is no evidence that he is unable to use his right hand.

The Board of Veterans' Appeals (BVA) has determined that the appellant does not have valid military service for purposes of eligibility for VA benefits and therefore, denied his claim.

The Board denied the appellant's claim for an effective date previous to October 1, 1998, for the reinstatement of VA dependency and indemnity compensation benefits as the surviving spouse of her deceased husband. The decision stated that she was not entitled to reinstatement due to the bar to remarriage after November 1, 1990.

The veteran's total disability rating was not in effect for 10 or more years immediately preceding his death, thus the requirements for DIC under 38 U.S.C.A. § 1318 are not met.

The veteran's claim for a higher rating for his service-connected antral gastritis was granted, with the current rating of 10 percent being maintained.

The Board has granted an increased rating to 50 percent for the veteran's right median nerve palsy, finding that it produces impairment equivalent to severe incomplete paralysis.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a certification from the service department stating he had no recognized service in the United States Armed Forces.

The veteran's estate is denied accrued benefits because the nephew and niece, who are not eligible under VA regulations for such benefits, did not bear the expense of his burial or last illness.

The Board denied the veteran's claim for waiver of recovery of an overpayment in the amount of $29,330.00 stemming from the overpayment of pension benefits.

The Board has denied the veteran's claims for service connection for arthritis of the hands and peripheral arthritis (claimed as spondyloarthropathy) due to a lack of current clinical findings of these conditions.

The veteran's appeal is for an increased rating for his service-connected residuals of a shell fragment wound to the right neck and upper thoracic spine with retained foreign bodies and limitation of motion of the right arm. The RO must arrange for VA orthopedic and neurological examinations, review the claims file, and readjudicate the claim considering both 'old' and 'new' rating criteria for muscle injuries.

The Board denied the appellant's claim for VA death pension benefits because her deceased husband did not have the requisite military service to establish eligibility.

The Board found that the veteran's degenerative changes of L4-5 and S1 are currently rated as 20 percent disabling under Diagnostic Code 5293 for intervertebral disc syndrome, but denied an increased rating based on current symptomatology.