Other conditions decisions — 2001

The veteran's request for a waiver of recovery of overpayments in both $7876.00 and $479.25 was denied due to untimely filing.

The RO granted service connection for residuals of a fractured left great toe and assigned a noncompensable rating. The veteran's claim for service connection for allergies was denied as not well grounded.

The Board found that the veteran timely submitted a report of his unreimbursed family medical expenses for 1998, allowing him to be considered for VA pension benefits.

The veteran is found to be in need of regular aid and attendance due to his disabilities, specifically the short left femur and atrophic left leg muscles. He meets the criteria for special monthly pension by reason of being in need of aid and attendance.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error due to insufficient information provided by the moving party.

The veteran's service-connected residuals of shell fragment wounds to the posterior left arm and elbow are currently rated at 30 percent, which is the maximum rating under Diagnostic Code 5306. The veteran's service-connected residuals of multiple shell fragment wounds to the left buttock and posterior thigh are also currently rated at 30 percent.

The Board denied the veteran's claim for service connection for abnormal liver enzymes and abnormal gamma glutamyl transpeptidase as secondary to exposure to ionizing radiation, finding that these are laboratory findings and not disabilities for VA compensation purposes.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim for service connection of a hiatus hernia. The decision is based on the lack of new evidence, but acknowledges previous medical records indicating the diagnosis of a hiatus hernia following service.

The Board denied a higher disability evaluation for the residuals of pituitary adenoma, finding that the veteran's symptoms did not warrant an evaluation in excess of 30 percent.

The appellant's appeal is being remanded due to the need for a video conference before a Member of the Board at the RO. The issues are about service connection for the cause of death and DIC under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's dysthymic disorder is related to his service in the Persian Gulf and grants service connection for this condition.

The Board of Veterans' Appeals has determined that the veteran's evidence of unreimbursed medical expenses for 1997 was timely submitted, and thus his claim is granted.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits due to her intentional failure to accurately report her income, resulting in a loss to the government.

The Board has granted a 30 percent rating for the veteran's left eye disability, postoperative status, with an incorrect intraocular lens.

The veteran's claim for an effective date prior to November 30, 1987 for the grant of service connection for reflex sympathetic dystrophy was granted. The effective date is set at May 28, 1986.

The veteran claims service connection for a right leg disorder, including venous insufficiency and thrombophlebitis, which he alleges is due to cold injury during service. The RO has ordered an examination and requested additional medical records but the case remains pending as it needs further development.

The Board denied benefits under 38 U.S.C.A. § 1151 for the veteran's claimed conditions, which were related to needle biopsies performed in March 1997 at the Gainesville VA Medical Center.

The July 1972 rating decision that reclassified the service-connected 'arthritis, chronic' as 'gout' was found to be clearly and unmistakably erroneous. The Board's July 28, 1989 decision denying service connection for degenerative and traumatic arthritis is revised, while the denial of an evaluation in excess of 20 percent for gout remains unchanged.

The Board has determined that the veteran's enucleation of the left eye was incurred during service and granted his claim for service connection.

The Board has granted service connection for the cause of the veteran's death, effective from the date of receipt of her application to reopen in March 6, 1997. The appellant is seeking an earlier effective date but this request is denied.