Other conditions decisions — 2001

The appellant's claim for accrued benefits was denied as there were no unpaid benefits at the time of her mother's death, and she did not meet the requirements to be considered a qualified person.

The Board found that the veteran's service-connected spondylosis, L5-S1, with spondylolisthesis, status post fusion and laminectomy, is rated appropriately at 20 percent due to moderate intervertebral disc syndrome.

The Board has determined that the veteran's claim for VA disability compensation for carotid artery occlusion pursuant to the provisions of 38 U.S.C.A. § 1151 was denied due to a lack of evidence showing additional disability resulting from VA treatment.

The Board found that the veteran's service-connected right foot disability, manifested by significant degenerative changes and limitation of motion, does not meet or approximate the criteria for a rating in excess of 30 percent.

The Board denied an increased rating for the veteran's service-connected residuals of a fracture to the right radius and found that new and material evidence had not been submitted sufficient to reopen his claim of entitlement to service connection for the residuals of a left arm injury.

The Board denied entitlement to dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318, finding that the veteran did not have a total disability rating for at least ten years immediately preceding his death.

The Board has determined that the veteran's service-connected low back disability, spondylolysis with spondylolisthesis at L5-S1, does not warrant an evaluation in excess of 40 percent.

The veteran's claim for an increased initial rating of 50 percent for PTSD has been granted.

The veteran's claim for payment of unauthorized medical expenses is denied as he was not service connected at the time of his death.

The Board denied service connection for a fifth cranial nerve disorder and an increased rating for residuals of a mandibular fracture. The veteran's claim of clear and unmistakable error in prior decisions was also denied.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, resulting in a denial.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 is denied as there is no additional disability beyond necessary consequences of his treatment, including radiation therapy for laryngeal cancer.

The Board has restored a 100% evaluation for tuberculoma of the right occipital lobe and tuberculous meningitis from April 30, 1987. The veteran's hearing loss of the left ear is rated as noncompensable prior to October 1, 1991, but a 10% evaluation for tinnitus was granted effective October 1, 1991.

The Board found that a valid VA loan guaranty indebtedness in the amount of $10,958.69 was created due to the veteran's default and denied waiver of recovery of this debt.

The Board of Veterans' Appeals (BVA) found that the veteran's eye disorder was not incurred in or aggravated by service and denied his claim.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a lack of recognized service in the United States Armed Forces.

The VA determined that the appellant's deceased spouse did not have recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the Armed Forces of the United States. Therefore, the appellant does not meet the legal requirements for eligibility to receive VA benefits.

The Board has remanded the case due to new legal requirements and the need for additional evidence regarding exposure to herbicides in Vietnam.

The veteran's spouse is seeking an increased apportionment of his VA compensation benefits for their minor children. The case has been remanded due to the lack of notification and financial information from the veteran.

The veteran's service was with the Philippine Scouts, not the regular Armed Forces of the United States. Therefore, he does not meet the basic eligibility requirements for nonservice-connected VA pension benefits.