Other conditions decisions — 2000

The veteran's claim for service connection related to a gunshot wound in the right leg was previously denied and not reopened. As his qualifying period of active duty did not include this injury, he is not eligible for accrued benefits.

The Board has determined that the veteran's service-connected PTSD did not cause or contribute to his terminal acute myocardial infarction, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's appeal is being remanded due to the need for additional evidence and a supplemental statement of the case.

The VA determined that the veteran's service-connected back disorder, hemilaminectomy, L4-L5 with L4 sacrum fusion and arthritic changes, is currently manifested by a moderate limitation of motion of the lumbar spine. As such, the disability remains rated at 20 percent.

The veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a right hip deformity, and thus the claim is well-grounded.

The veteran's claim for service connection for dysthymic disorder was reopened due to the submission of new evidence. However, the Board found that the preponderance of the evidence did not establish a relationship between her current dysthymic disorder and her military service.

The Board denied the veteran's waiver of overpayment of VA pension benefits, finding that he was at fault in creating the overpayment due to his failure to report all income from every source. The decision concluded that repayment would not violate equity and good conscience.

The Board has reopened the veteran's claims for service connection for residuals of head trauma and a nervous disorder, including PTSD. However, the claim for residuals of head trauma is not well-grounded due to lack of evidence linking current symptoms to service. The claim for a nervous disorder, including PTSD, is well-grounded based on credible medical evidence.

The Board has ordered additional development to evaluate the veteran's PTSD, including requesting Vet Center counseling records and scheduling a VA psychiatric examination. The case will be readjudicated based on both old and revised rating criteria for mental disorders.

The Board found that the veteran's claim for an earlier effective date for additional compensation on the basis of spouses is not supported by evidence, and thus denied the claim. The issue regarding whether the veteran's adopted son could be recognized as a helpless child for VA compensation purposes was also denied.

The veteran is not entitled to payment or reimbursement by VA for unauthorized private dental expenses incurred on March 14, 23 and 24, 1995.

The VA determined that the veteran's Lyme disease with Lyme arthritis does not meet the criteria for a higher evaluation, as it has not caused definite impairment of health or incapacitating exacerbations occurring three or more times a year.

The Board denied the veteran's claim for an earlier effective date for service connection of syncope, finding that there was no clear and unmistakable error in the May 1994 rating decision. The appeal is dismissed as the claim does not involve a service connection issue.

The VA denied reimbursement for unauthorized medical expenses due to the treatment not being related to a service-connected condition.

The veteran's appeal is denied as he does not meet the eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board denied the veteran's claims for service connection for additional tooth extractions and eligibility for VA outpatient dental treatment based on dental trauma. However, it granted service connection for the veteran's dental trauma of tooth number 9.

The veteran's claim for additional accrued benefits due to unreimbursed nursing home expenses is denied as there was no evidence in the file at the time of his death suggesting he would incur such expenses.

The Board determined that the appellant's discharge from service was due to willful and persistent misconduct, which precludes him from receiving VA benefits.

The VA has determined that the veteran's right thigh disability, which includes a fragment wound with a retained foreign body, does not warrant an evaluation in excess of 10 percent.