Other conditions decisions — 2001

The Board has remanded the case due to incomplete medical records and need for further examination. The appellant's service-connected gunshot wounds are being evaluated under general rating criteria, not a specific exposure basis.

The veteran's appeal for special monthly compensation by reason of being housebound has been dismissed due to his death.

The Board has denied the appellant's claim for DIC under the provisions of 38 U.S.C.A. § 1151 due to insufficient evidence linking the veteran's death in November 1985 to VA immunizations.

The veteran's appeal was dismissed due to his death.

The Board has determined that the veteran was at fault in creating the overpayment and granted the waiver of recovery of $951 for inpatient and outpatient medical copayments related to a nasal septoplasty.

The veteran's claim for a higher rating for his left hand disability was denied, as the RO used the tender and painful scar from the gunshot wound (GSW) in service as the sole basis for rating this disability. The issue of service connection for loss of function due to the GSW is not before the Board.

The Board has granted service connection for a knot on the right middle finger, finding that it had its onset in service and is related to the veteran's active military service.

The appellant's service with the New Philippine Scouts is not considered active military service for VA pension purposes, and thus he does not meet the eligibility criteria for non-service-connected disability pension benefits.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for duodenal ulcer disease, which was previously denied in February 1961. The claim will now be reconsidered on its merits.

The veteran's claim for payment of or reimbursement for medical expenses incurred during his hospitalization at Community General Hospital in Syracuse, New York from July 25 to 28, 1999 is denied as he does not have a service-connected disability and the VA facilities were not feasibly available.

The Board has determined that the veteran's right forearm disability, which is currently rated at 40 percent, should be restored to its previous level of 40 percent. The left forearm disability, however, does not warrant a restoration of any evaluation.

The Board found clear and unmistakable error in its July 1997 decision, as the evidence did not establish that the claimant had actual knowledge of her divorce prior to being informed by VA.

The veteran's death was caused by an adverse effect of TPA, which resulted in intracerebral bleeding and his subsequent death. The Board finds that this event was not reasonably foreseeable and grants dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1151.

The Board has reopened the claim, but denied service connection for the cause of death. The Court ordered a remand due to new legislation requiring VA to provide notice and assistance in claims.

The veteran was granted a 100% rating for his service-connected chronic brain syndrome due to trauma effective October 24, 1991. The claimant did not appeal any prior reduction in disability ratings.

The Board denied the veteran's claim for an increased disability evaluation for his residuals of a gunshot wound of the chest, involving Muscle Group II. The Board also denied the reopening of his claim for service connection for a respiratory disorder secondary to his service-connected gunshot wound residuals.

The veteran's claim for an increased rating for his service-connected dermatophytosis of the arms, hands and feet is being remanded due to a need for additional development.

The Board denied service connection for a dental condition, including for the purpose of obtaining VA outpatient dental treatment. The veteran's claim was based on his belief that he had received improper dental care during basic training and sought compensation for this issue.

The Board has determined that the veteran is entitled to a 10% rating for his service-connected residuals of a fracture dislocation of the second finger of the right hand, effective June 1, 2001.

The Board denied the veteran's claim for an increased rating for his service-connected gunshot wound to the right chest with retained foreign body, finding that his restrictive lung disease is not related to this condition.