Other conditions decisions — 2001

The Board denied the appellant's claim as her late husband did not have valid military service in the U.S. Armed Forces, thus she is not eligible for benefits as a surviving spouse.

The Board has determined that the veteran's left eye disability is related to service, and thus granted his claim for service connection.

The veteran's Reiter's syndrome is rated at 10 percent for each affected joint (right hand and wrist, left hand and wrist, right shoulder, left shoulder, right elbow, left elbow, right hip, left hip, right knee, left knee, and right ankle, left ankle).

The Board has determined that the veteran's service-connected gouty arthritis of the feet, hands, back, and hips is currently manifested by an active process with very frequent, totally incapacitating episodes. Therefore, a total rating (100%) for this condition is granted.

The Board denied the veteran's claim for service connection for a pituitary tumor due to exposure to ionizing radiation, finding that there was not sufficient evidence to support the claim.

The Board has determined that the veteran's current right eye disability, subretinal neovascular membrane (SRNVM), is due to an in-service injury and granted service connection for this condition.

The Board found that the veteran's heart disorder, which was a congenital condition preexisting her service, increased in severity during service and is related to her surgery. The Board granted service connection for this condition.

The Board denied the veteran's claims for increased ratings and special monthly compensation based on his service-connected disabilities of the left upper extremity. The veteran's paralysis of the ulnar nerve is rated at 50 percent, while his residuals of gunshot wound to the elbow are also rated at 30 percent.

The Board has granted a 10 percent rating for the service-connected gunshot scar of the left leg and denied any increase in ratings for the other conditions. The veteran's left foot disability is currently rated as 20 percent disabling.

The veteran's income exceeded the maximum annual pension rate for each 12-month period from September 17, 1985 through December 1999, and thus he is not eligible for improved disability pension benefits.

The Board denied an extra-schedular evaluation for the veteran's service-connected left varicocele, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization.

The veteran's appeal was dismissed because his substantive appeal was not filed in a timely manner.

The Board has determined that the veteran does not currently have a pulmonary disability and therefore, service connection for this condition is denied.

The Board found that the veteran's death was not caused by or substantially contributed to by nicotine dependence acquired during service, and denied both the claim for service connection for cause of death due to nicotine dependence and the DIC claim under 38 U.S.C.A. § 1318.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $10,094 due to substantial fault on the part of the appellant and no indication of fraud, misrepresentation or bad faith. The decision also noted that repayment would not cause undue financial hardship.

The Board has granted compensation for left eye uveitis under the provisions of 38 U.S.C.A. § 1151, effective from March 29, 1991.

The Board denied payment or reimbursement for the cost of private emergency room treatment on January 23, 1997 due to lack of prior authorization and because a VA facility was feasibly available.

The Board has ordered a remand to obtain VA treatment records from the veteran's regular treatment facility and consider whether additional notification or development is required under the Veterans Claims Assistance Act of 2000.

The Board denied the appellant's claim for educational assistance benefits under Chapter 35, finding that she is not entitled to an earlier commencing date due to the existing regulations and her status as a surviving spouse.

The Board has determined that the veteran's service-connected anterior cruciate ligament strain of the right knee does not meet or approximate the criteria for a rating in excess of 10 percent.