Other conditions decisions — 2001

The Board denied the veteran's claim for an increased disability evaluation and extraschedular rating for his service-connected paroxysmal cold hemoglobinuria, finding no evidence of exceptional circumstances that would warrant such a rating.

The Board has granted the appellant's waiver of recovery of an overpayment of VA benefits in the amount of $565.07, finding that collection would violate the principles of equity and good conscience.

The veteran's status post fracture of the distal phalanx, of the left great toe disability is rated as noncompensably disabling. After resolving reasonable doubt in favor of the veteran, a 10 percent evaluation is granted.

The veteran's disability rating for a compression fracture of T12 is increased to 30 percent, based on the evidence showing moderate osteoarthritis and chronic muscle strain.

The Board has granted a 20 percent disability rating for the veteran's service-connected duodenal ulcer, finding that the symptoms are more severe than what is currently rated.

The Board has awarded the veteran increased ratings of 20 percent for traumatic arthritis of both hips, based on limitation of motion.

The veteran's service as a prisoner of war was for less than 30 days, thus he is not eligible for former prisoner of war status for compensation purposes.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that collection would not violate principles of equity and good conscience.

The veteran's claim for payment or reimbursement of unauthorized private medical services provided from May 31, 1999 to June 4, 1999 is denied. The Board found that the criteria for VA reimbursement were not met due to lack of service connection and other eligibility requirements.

The Board has determined that K.A.G. and H.M.G., the appellant's children, are not among the beneficiaries of the veteran's National Service Life Insurance policy.

The Board denied reopening the veteran's claim for entitlement to service connection for a left eye disorder due to lack of new and material evidence.

The Board has granted service connection for TMJ disorder, finding that it was proximately caused by the veteran's service-connected dental trauma.

The Board has remanded the case for further development due to new evidence and assertions regarding tobacco use during service.

The Board has determined that new and material evidence has been received to warrant reopening the claim of service connection for dental disability. The veteran's condition is not due to service, as there is no evidence of a service-connected compensable dental condition or trauma.

The Board has denied the veteran's claim for service connection for a pulmonary disorder, which he claimed was secondary to asbestos exposure. The issue is considered resolved as the RO granted service connection for other conditions in previous decisions.

The Board of Veterans' Appeals has remanded the case for further development due to insufficient medical records and examination, as well as consideration of psychiatric conditions and separate ratings.

The veteran's claim for service connection for glomerulonephritis was denied by the RO, and a remand is required due to changes in the law necessitating additional development.

The Board found that the veteran's service-connected left hand disability, which is rated at 10 percent under Diagnostic Code 5309 (injury to Muscle Group IX), does not warrant a higher evaluation as there are no findings of additional impairment due to pain, weakness, excess fatigability or incoordination. The examiner opined that the veteran's complaints of left hand pain and weakness are more likely related to aging than his service-connected condition.

The veteran is seeking service connection for the residuals of a head injury, which allegedly led to the development of a brain tumor. The Board has remanded the case due to new legal requirements under the Veterans Claims Assistance Act of 2000.