Other conditions decisions — 2000

The RO determined that there was no clear and unmistakable error in severing service connection for duodenal ulcer, based on the presumption of soundness at entry into service.

The veteran's claim for payment or reimbursement of medical expenses incurred during his hospitalization at Albany Medical Center and Sunnyview Hospital from January 15 through February 11, 1999 is denied because he does not have a service-connected disability.

The veteran has withdrawn his appeal, so the case is dismissed.

The Board of Veterans' Appeals denied the appellant's motion for revision of a September 1960 decision on the grounds that it did not contain clear and unmistakable error (CUE). The Board found no evidence to support such an argument.

The VA denied an increased evaluation for the veteran's fungus infection of the feet, upper thighs and abdomen, currently rated at 30 percent.

The veteran's claim for an increased evaluation of his service-connected left little finger injury was denied because he failed to report for two scheduled VA examinations without providing good cause.

The VA denied the veteran's claim for VA disability compensation under 38 U.S.C.A. § 1151 for a left arm disability resulting from VA medical treatment in February 1996, finding insufficient evidence to support the claim.

The Board has remanded the case due to incomplete medical records and the need for further examinations. The veteran is seeking service connection for arthritis of multiple joints and a lung mass, which were allegedly present during his military service.

The Board denied the claim for service connection for the cause of the veteran's death as a result of exposure to ionizing radiation, finding that there was no reasonable possibility that the veteran's brain tumor resulted from such exposure.

The Board denied both the claim for service connection and the request for an increased rating for partial amputation of the left fifth finger. The decision is based on the evidence not fully adjudicated at the time, including a misreported pre-service injury to the left fourth finger.

The veteran sustained cellulitis as a result of a mammogram performed by VA on November 7, 1997. This disability has been resolved and the veteran is entitled to compensation for this condition.

The Board has determined that the veteran's postoperative residuals of a right inguinal hernia do not meet the criteria for an evaluation in excess of 10 percent.

The veteran's appeal was denied as the criteria for a prestabilization rating and temporary total convalescent ratings were not met. The case is remanded to consider referral under 38 C.F.R. § 4.29(g) and entitlement to higher disability ratings.

The veteran's nonservice-connected pension was properly adjusted due to a change in the amount of paid unreimbursed medical expenses for 1998.

The Board of Veterans' Appeals (BVA) has determined that the appellant does not qualify as a foster parent to the deceased veteran, and thus denies entitlement to VA death benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for status post left thoracotomy for chronic left empyema cavity and pleural fibrosis, claimed due to asbestos exposure. The November 1996 RO decision remains final.

The Board denied the veteran's request for a waiver to recover an overpayment of VA disability pension benefits, finding that the creation of the indebtedness was due to bad faith.

The Board denied service connection for a rectocele and dismissed the appeal regarding an effective date prior to January 25, 1995, for a 20% disability evaluation for spondylolisthesis at L5-S1.

The Board denied the veteran's claims for increased ratings and TDIU, finding that his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the veteran's knee disabilities do not warrant a rating in excess of 10 percent, as there is no evidence of instability or subluxation to support a compensable rating under Diagnostic Code 5257. The medical evidence shows limitation of motion but does not meet the criteria for a higher evaluation.