Other conditions decisions — 2000

The Board denied the veteran's claims for service connection for disc herniation of L3-4 and L4-5, claimed as secondary to his service-connected laminal defect of L-5, and for disability of T10-11. The veteran was already receiving a 40% rating for his service-connected laminal defect of L-5 with spondylolisthesis.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his service-connected status post left lung linguectomy and also denied a restoration of the previously assigned noncompensable rating.

The veteran's claim for VA outpatient dental treatment was denied as his lay opinion did not provide a plausible basis for the claim.

The Board granted an increased rating of 20 percent for the veteran's right heel calcaneal spur due to arthritis, finding that there is a reasonable doubt in favor of the claimant.

The Board denied the veteran's claims for increased evaluations for his service-connected gunshot wound residuals and left humerus injury, finding that the current ratings of 30 percent and 20 percent were appropriate based on the severity of his disabilities.

The veteran's service-connected bilateral patellofemoral pain syndrome has been rated at 10 percent since April 1995. The appeal for increased ratings for the knee disorders is granted, and service connection for dizziness or peripheral vestibular dysfunction remains pending.

The case is being remanded to the regional office for further action, including contacting the appropriate United States Bankruptcy Court and determining whether collection action on the debt will be pursued or if the debt has been discharged in bankruptcy.

The veteran's claim for reimbursement of unauthorized private hospital care is granted as the treatment was necessary due to an emergent medical condition and no VA facility was feasibly available.

The veteran's postoperative fracture and dislocation of C6-7 is rated at 30 percent, but the Board has determined that a higher 40 percent rating is warranted based on severe intervertebral disc syndrome with recurring attacks.

The veteran's claims for a higher initial evaluation for prostate cancer and a compensable rating for his right tibia fracture were denied. The RO found that the veteran did not meet the criteria for an increased disability rating under applicable diagnostic codes.

The veteran's claims for service connection for a chronic upper respiratory disability and residuals of a ventral hernia were not well-grounded. His claim for an increased evaluation for tinnitus was granted, but his other claims for compensable evaluations for hearing loss, tonsillectomy residuals, fracture of the right thumb, and laceration of the left forearm were not well-grounded.

The Board denied the veteran's claim for service connection for a cerebrovascular accident suffered while on inactive duty for training, finding that it was not an injury but rather a disease process.

The Board dismissed the motion seeking to review a final decision denying Dependents' Educational Assistance benefits due to CUE, as the motion was withdrawn before a decision could be made.

The veteran's claim for service connection for a cardiovascular disorder is being remanded due to the need for a hearing before a traveling member of the Board.

The Board has granted a 30 percent disability rating for HIV, effective from August 13, 1996. The rating was increased to 30 percent on July 24, 1998.

The Board has denied the veteran's claim for service connection for residuals of a right eye injury due to lack of competent medical evidence linking his current condition to an in-service injury.

The VA denied the veteran's claim for a waiver of overpayment of nonservice-connected disability pension benefits in the amount of $8,080.

The Board has remanded the case due to inconsistencies in the appellant's claims and the need for further development of evidence.

The Board denied the veteran's claims of service connection for nerve damage, arthritis, varicose veins, and emphysema due to lack of medical evidence linking these conditions to his military service.

The Board denied the veteran's claim for service connection for a mental disability, concluding that there was no well-grounded evidence to support the claim.