Other conditions decisions — 2000

The Board has determined that it does not have jurisdiction to decide the eligibility for direct payment of attorney fees, as addressed by the Court in Scates v. Gober.

The Board has granted a 70 percent evaluation for postoperative status right radial and median nerve impairment, the maximum rating allowed under applicable regulations.

The VA denied an increased disability evaluation for the appellant's service-connected residuals of gunshot wounds to the right arm, currently rated at 40 percent.

The Board found that the veteran's respiratory disability, as evaluated at 30 percent, did not meet or approximate the criteria for a higher evaluation under the new rating criteria.

The Board denied an increased rating for residuals of malaria, finding no active disease or ascertainable residuals such as liver or spleen damage.

The Board finds the appellant's claim for restoration of nonservice-connected death pension benefits after June 30, 1996 is not warranted due to her annual income exceeding VA's maximum annual rate of income for a surviving spouse without dependents. The appellant has not provided sufficient evidence of unreimbursed medical expenses.

The Board denied the veteran's claims for service connection for residuals of hypothermia and frozen hands and feet as they were not well-grounded.

The veteran was hospitalized at a private facility due to an emergency condition related to his service-connected Crohn's disease. The hospitalization and care were deemed necessary under the circumstances, as VA facilities were not feasibly available.

The Board denied the veteran's claims for service connection for a skin disorder and an increased rating for residuals of a right inguinal herniorrhaphy. The skin disorder claim was denied due to lack of evidence showing current disability, while the hernia claim had no recurrence and did not meet the criteria for higher ratings.

The Board has determined that the claim of trench mouth is not well grounded and therefore denied. The claim for an increased evaluation for filariasis is remanded for further development.

The veteran's claim for an increased rating for his service-connected bilateral piezogenic pedal papules is being remanded due to the need to ensure all relevant VA records are included in the claims file and to obtain a vocational rehabilitation folder.

The Board denied the veteran's claims for service connection for ingrown toenails, a pulmonary or respiratory disorder, and an eye disorder. The decision also noted that new evidence submitted since the April 1985 denial did not reopen his claim for service connection of an eye disorder.

The Board found that the appellant, who claimed to be the surviving spouse of the veteran, did not meet the legal requirements for recognition as such due to a prior marriage and lack of continuous living with the veteran.

The Board has determined that the appellant's left nasoseptal deviation, which causes significant obstruction of nasal passages, warrants a 10 percent evaluation under the old criteria. The maximum available rating for this condition is granted.

The Board denied the veteran's claim for basic eligibility for non-service-connected death pension benefits due to a lack of qualifying service.

The Board denied increased ratings for service-connected anterior compartment herniation of the right and left legs, finding that the current disability does not warrant a higher rating than the existing 10 percent.

The Board denied the veteran's claim of service connection for a skin condition, claimed as secondary to exposure to herbicides, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims for an earlier effective date for death pension and for nonservice-connected VA burial benefits, finding that there was no legal merit to these claims.

The veteran's claim for an initial disability evaluation for perineal neuralgia was denied, with a 10 percent rating assigned from July 7, 1994, and a 20 percent evaluation effective from August 6, 1997.

The Board found no clear and unmistakable error in the November 1970 rating decision that denied service connection for a psychiatric disorder.