Other conditions Board decisions

The veteran's left knee disability, including a lateral meniscus tear with medial meniscectomies, lateral retinacula release, resection of plica and realignment of the patella, is currently rated at 20 percent. The VA has granted this rating.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for the residuals of a right leg injury, as the evidence does not relate directly to the specific matter under consideration.

The veteran's request for waiver of overpayment of VA pension benefits was denied due to misrepresentation and bad faith in underreporting his income, resulting in a $7,416 debt. The case is being remanded for further development.

The veteran's claims for higher ratings for his right-sided dysequilibrium, right cranial nerve VII palsy with tarsorrhaphy, and right cranial nerve V palsy have been granted. The effective date is not specified.

The Board determined that the appellant's request for waiver of the $1,424.00 overpayment was timely filed and subsequently granted a waiver.

The Board found that the veteran's bilateral hallux valgus existed prior to his service and did not worsen during such service, thus denying service connection for a bilateral foot disability.

The Board found that the veteran's current systemic lupus erythematosus was not incurred during his period of active duty from July 1969 to April 1970 or within one year after separation. The Board also determined that it was not shown to have been incurred during a period of inactive duty training (ACDUTRA). As such, service connection for systemic lupus erythematosus could not be granted.

The veteran's transitional cell carcinoma of the bladder with radical cystoprostatectomy is not related to service, and therefore denied.

The Board denied an increased rating for myositis ossificans of the right hip, finding that the current 40 percent evaluation is the maximum allowable under VA's rating criteria.

The veteran's residuals of a fracture of the pelvis and left hip were previously rated at 30 percent prior to May 19, 2000. The current rating of 40 percent is granted effective from that date.

The VA has determined that the veteran's dermatophytosis of the feet, which is currently rated at 30 percent, does not warrant a higher rating based on the current evidence and regulations.

The Board has remanded the case due to failure to apply provisions of the Veterans Claims Assistance Act of 2000, and the claim is sent back for further development.

The Board found that the veteran's service-connected conjunctivitis is healed and absent current residuals, thus denying his claim for an increased rating.

The Board has determined that the veteran's recurrent pterygium of the right eye was incurred during service and is caused by sunlight exposure. Therefore, service connection for this condition is granted.

The Board has determined that cancer of the lung, which is presumed to be due to radiation exposure in service, caused the veteran's death. The metastases in the brain are not considered service-connected.

The Board has determined that a 40 percent rating is warranted for the veteran's residuals of a shrapnel wound to the left thigh, reflecting severe impairment of muscle group XIV.

The Board has granted a 30 percent rating for the veteran's residuals of a right mid calf gunshot wound, finding that these residuals are manifested by severe injury to Muscle Group XI, including a comminuted fibula fracture. The maximum schedular rating available is 30 percent.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran required a period of convalescence from treatment of his service-connected left fifth finger disorder for the period from August 1, 1999 to November 3, 1999. The VA has granted an extension of a temporary total disability evaluation due to this condition.

The Board denied reimbursement for the cost of private medical care provided by Mary Imogene Bassett Hospital from October 16 - 20, 1995, and November 13 - 17, 1995 due to lack of prior authorization from VA.