Other conditions decisions — 2001

The VA determined that the veteran does not have a herniated nucleus pulposus of the T3-4 intervertebral disc and denied his claim for an increased rating.

The veteran's service-connected impotence with a deformity of the penis is now rated at 20 percent effective March 12, 1999.

The Board denied the veteran's claim for service connection for colon and rectal cancer as a result of exposure to ionizing radiation, finding that there was no reasonable possibility that his cancers were related to such exposure.

The Board found that the overpayment in question was properly created and assessed to the veteran, based on his failure to report changes in marital status and family income.

The veteran's overpayment of pension benefits was waived due to the lack of bad faith on his part, and recovery would not be against equity and good conscience.

The Board has determined that an apportionment of $100.00 per month from the veteran's VA compensation benefits is proper on behalf of his minor child, and thus denies the veteran's claim to terminate this apportionment.

The Board has determined that the appellant is the surviving spouse of the veteran for the purpose of VA death benefits, based on continuous cohabitation from their marriage in July 1981 until August 1990 and subsequent separations due to the misconduct of the veteran without fault of the appellant.

The appellant's claim for payment or reimbursement of unauthorized medical services received from February 1995 to June 1999 is denied because he has no service-connected disability.

The Board has granted a total schedular rating for the appellant's organic brain syndrome under the old criteria from 70 percent to 100 percent effective from October 28, 1993 to November 6, 1996.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for chronic brain syndrome secondary to anoxic encephalopathy.

The veteran died in June 1999, and his widow is seeking accrued benefits for unauthorized private hospitalization from May 12 to May 17, 1992. The VA has already approved payment of the expenses incurred during this period. However, the Board finds that no additional care could have been safely transferred to a VA facility after the emergency condition stabilized on May 12, 1992.

The veteran's service-connected deformed right foot with triple arthrodesis and atrophy of the right calf with flatfoot is currently rated as 30 percent disabling, which is the maximum rating under the applicable diagnostic codes.

The Board denied the veteran's daughter's request for retroactive Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, as she did not meet the eligibility criteria due to her application being filed after one year from when she was eligible.

The veteran's orthostatic hypotension is not considered a result of VA treatment, and the Board has denied her claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran did not file a timely substantive appeal regarding her claim for service connection for neck and back problems, and memory loss. As such, the issue is dismissed.

The Board has determined that the veteran's medical expenses incurred on May 21, 1993 and from May 27 to June 2, 1993 were reimbursable as they met all three criteria for reimbursement under VA regulations.

The Board has remanded the case due to outstanding VA medical records and the need for compliance with the Veterans Claims Assistance Act of 2000.

The Board denied an increased rating for the veteran's service-connected right Austin bunionectomy, finding that the evidence did not support a higher evaluation based on current symptoms and available medical records.

The veteran's service-connected panic disorder with agoraphobia and dysthymia was rated at 70 percent from September 4, 1991 to June 5, 1995.,From June 6, 1995 onwards, the veteran received a 100 percent rating for his service-connected psychiatric disability.

The veteran's son, who is the claimant, seeks retroactive Dependents' Educational Assistance benefits under Chapter 35 for periods of enrollment from January 1994 to December 1995. The Board denied this claim as the proper commencing date was October 7, 1998, one year before the date of the claim, and the enrollment certifications were received after that period.