Other conditions decisions — 2001

The Board denied an initial evaluation in excess of 10 percent for the veteran's status post left anterior cruciate ligament repair and reconstruction, finding that his knee disability did not meet criteria for a higher rating.

The veteran seeks compensation benefits under the provisions of 38 U.S.C.A. § 1151 for loss of vision and/or blindness in his left eye, claimed to be the result of various surgeries performed during late 1993 and early 1994 at a VA medical facility. The case is being remanded due to incomplete records and need for further examination.

The Board found no current medical diagnosis of a chronic left hand, right hand, or jaw disorder related to service. The chest complaint was not diagnosed as a disability.

The veteran's total disability was not considered permanent in nature at the time of her death, and the appellant is over 26 years old. Therefore, she does not meet the criteria for Dependents' Educational Assistance benefits under Chapter 35.

The veteran's service-connected degenerative joint disease of L4-5, with right-sided radiculopathy is currently evaluated as 40 percent disabling and has been granted.

The VA denied the appellant's claim for basic eligibility for VA benefits because her father did not have the requisite military service to establish eligibility.

The veteran's claim for service connection for arthritis of multiple joints secondary to his service-connected rheumatic fever is being remanded due to the need for additional development, including obtaining VA treatment records and a VA rheumatology examination.

The Board determined that the appellant's military service does not meet the threshold eligibility requirements for VA nonservice-connected pension benefits, and thus denied his claim.

The Board has granted increased evaluations for the veteran's Reiter's Syndrome affecting his left knee, right knee instability, and chronic low back muscular strain. The current ratings are 10 percent each.

The veteran is seeking compensation benefits under the provisions of 38 U.S.C.A. § 1151 for the residuals of bladder perforation resulting from VA medical treatment in December 1998. The Board has determined that further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000, is required before a decision can be made.

The Board has determined that the veteran's lung disorder, identified as diffuse bilateral infiltrative lung disease, is related to his active service and grants entitlement to service connection.

The veteran's death was used to grant the appellant dependency and indemnity compensation for her child. The appeal is denied as there is no provision in law or regulation that allows increased dependency and indemnity compensation based on need.

The veteran is seeking service connection for a psychosis based on clear and unmistakable error in rating decisions from July and September 1970. The Board has determined that new evidence was received to reopen the claim, but denied the claim of clear and unmistakable error.

The veteran's claim for an increased rating for his service-connected fracture of L-2 vertebra is granted, with a current rating of 20 percent. A separate 10 percent rating is also granted for the demonstrable deformity of the L2 vertebra.

The Board has granted service connection for degenerative joint and disc disease of the lumbosacral spine but denied an evaluation in excess of 10 percent. The thoracic spine disability is rated at zero percent.

The veteran's defective vision is found to be incurred in service due to an inservice welding injury. The right forearm wound has been granted a 10% rating.

The Board denied increased ratings for lacerations of the left thumb and right middle finger, finding that the veteran's conditions did not meet criteria for higher ratings based on functional impairment.

The VA has denied the veteran's request for an increased disability evaluation for his convulsive disorder due to tuberous sclerosis, currently rated at 30 percent.

The Board has determined that the veteran's multiple simple nevi of the anterior chest wall are not attributable to service or Agent Orange exposure, and thus denied his claim for service connection. The issue of an increased rating for PTSD is also considered in this decision.

The Board denied the appellant's request for waiver of overpayment because her request was not received within 180 days from the date of notification of indebtedness.