Other conditions decisions — 2000

The Board denied the claimant's retroactive award of Dependents' Educational Assistance benefits for courses completed from February 1991 to June 1992, finding that the requirements were not met due to the lack of entitlement prior to October 15, 1993.

The Board has determined that the veteran's current right shoulder degenerative joint disease is a residual of his reported right shoulder dislocation during service, and thus grants service connection for this condition.

The Board has determined that the VA's treatment of the veteran's left eye in February 1999 did not result in additional disability, and thus denied the claim for benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for a compensable evaluation for residuals of bilateral hernia repair prior to June 18, 1996 and a rating in excess of 10 percent for residuals of bilateral hernia repair. The evidence did not show recurrence or irremediable condition.

The Board found that the veteran's brain tumor is likely to have originated during his military service and granted service connection for it.

The Board has determined that a valid fee agreement for the services provided by the claimant was not submitted within 30 days of its execution, and thus no fees can be charged for representational services before VA in connection with the veteran's claims.

The Board has determined that it does not have jurisdiction to decide the matter of eligibility for attorney fees, and thus dismisses this case.

The Board denied an increased rating for the veteran's service-connected bilateral defective hearing, finding that the evidence did not warrant a higher rating based on the current criteria.

The Board found no clear and unmistakable error in the October 1954 rating decision denying service connection for sinus bradycardia. The veteran's claim was denied as there was insufficient evidence to establish a chronic condition warranting service connection.

The Board found that there is no competent medical evidence linking the veteran's current neurological disorder of the hands and face, arthritis, or hearing impairment of the left ear to his service. Therefore, the claims for these conditions were denied.

The Board denied the veteran's claims for service connection for a soft tissue density in the right lung and anemia on a direct basis, as well as for these conditions resulting from undiagnosed illnesses. The Board found that there was no competent medical evidence to support these claims.

The Board has dismissed the matter as it does not have jurisdiction to adjudicate eligibility for direct payment of a withheld contingency fee under 38 U.S.C.A. § 5904(d).

The Board denied the veteran's request for waiver of recovery of an overpayment of improved Department of Veterans Affairs (VA) pension benefits in the amount calculated as $6,762 due to fault on the part of the veteran and lack of evidence showing deprivation of basic necessities.

The VA has denied an increased evaluation for the veteran's service-connected residuals of a laceration wound to the dorsal aspect of the left hand, with ankylosis of the left index finger due to current symptoms not warranting a higher rating.

The Board has remanded the case to the RO for further development, including a VA examination and an opinion regarding the etiology of the veteran's low back disorder.

The Board has determined that the veteran's bilateral foot conditions, including congenital metatarsus varus and a history of metatarsal fracture on the right foot, do not warrant an evaluation in excess of 10 percent.

The Board has dismissed the matter as it does not have jurisdiction to adjudicate eligibility for direct payment of a withheld contingency fee under 38 U.S.C.A. § 5904(d).

The VA denied an increased evaluation for residuals of infectious mononucleosis with generalized lymphadenopathy, currently rated at 30 percent.

The Board has determined that it lacks jurisdiction to decide the matter of eligibility for attorney fees from past-due benefits, and thus dismisses this case.

The veteran's right great toe amputation residuals are currently rated at the maximum schedular rating of 30 percent. The second toe amputation residuals do not meet criteria for a compensable evaluation.