Other conditions decisions — 2001

The Board denied the veteran's claim of entitlement to service connection for dental trauma, finding that there was no evidence of a current disability and that the condition did not meet the criteria for VA outpatient treatment.

The veteran's claims for service connection for residuals of spinal meningitis and dermatophytosis were denied, as the medical evidence did not establish a link to his military service. The claim for an initial rating in excess of 30 percent for PTSD was also denied.

The claimant's motion to determine whether clear and unmistakable error exists in the March 1998 Board decision has been dismissed without prejudice to refiling.

The Board has restored a 10 percent evaluation for the postoperative residuals of tailor's bunionectomy of the left foot and granted an increased (compensable) evaluation for the postoperative residuals of tailor's bunionectomy of the right foot.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA psychiatric and foot examinations. The veteran's PTSD will be evaluated under both old and new rating criteria, and a new examination is required to assess his onychomycosis.

The veteran's brother-in-law applied for VA burial benefits, but the application was not received within two years of the veteran's death. The claim is denied as a matter of law due to lack of legal merit.

The Board denied the veteran's claim for an earlier effective date of January 30, 1996, for his total disability rating based on individual unemployability (TDIU). The evidence showed that the veteran had been working full-time after this date.

The Board denied the veteran's requests to reopen his claims for service connection for residuals of back and head injuries due to lack of new and material evidence.

The veteran's claim for a total rating based on individual unemployability is granted with an effective date of February 27, 1996.

The Board denied the veteran's increased rating claims for his left os calcis and chronic fungus infection, but granted a temporary 10 percent rating for his skin condition. The effective date is not specified.

The Board denied the veteran's appeal because the medical expense report submitted after one year from the denial of pension benefits was not timely received.

The Board has denied the veteran's claims for service connection for a right leg disability and bumps on the feet, finding that there is no evidence of chronic disabilities in service or post-service residuals.

The Board denied the veteran's claim of service connection for a heart murmur with chest and right arm pain, finding that new and material evidence had not been presented to reopen the claim.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA non-service-connected pension benefits, finding that the veteran was primarily at fault in creating the overpayment due to his failure to report timely changes in his spouse's income. The decision concluded that collection of the debt would not be against equity and good conscience.

The Board finds that the veteran does not meet the criteria for service connection for a dental condition for the purpose of obtaining VA outpatient dental treatment.

The veteran's claim for a higher rating for his service-connected left hip disability was denied by the RO, as the current evaluation of 30 percent is considered appropriate based on the medical evidence.

The veteran's claim for an increased rating for his service-connected residuals of cold injury of the feet and leg is being remanded due to insufficient evidence. Additional development, including a VA examination, is required to determine the current severity of the condition and assign appropriate ratings.

The Board has granted waiver of recovery of a debt in the amount of $958.00 stemming from an overpayment of compensation benefits, finding that it would be contrary to equity and good conscience to recover the debt.

The Board granted a separate 10 percent evaluation for right thigh shell fragment wound neurological residuals and assigned noncompensable evaluations for left thigh and left calf shell fragment wound residuals.

The Board denied service connection for the cause of the veteran's death and denied DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing a service-connected disability that was continuously rated as totally disabling for at least five years prior to his death.