Other conditions Board decisions

The Board finds that the veteran's unauthorized medical expenses incurred at a non-VA facility in October 1998 do not meet the criteria for payment or reimbursement due to the availability of VA facilities and the lack of an emergency situation.

The Board found no evidence of chronic knee or elbow disorders in service and denied the veteran's claims for service connection.

The Board of Veterans' Appeals has determined that the veteran's HIV and AIDS were incurred during his active service, and thus grants the claim for service connection.

The Board has granted a 10% rating for the service-connected ostectomy of the left fifth metatarsal, effective August 4, 2001. The claim for an increased rating for the fracture to the right distal fibula remains denied.

The Board denied the veteran's claim for service connection for the cause of his death due to cancer, finding that there was no evidence linking the cancers to military service or Agent Orange exposure.

The Board found that the veteran's current 30 percent rating for his service-connected residuals of a through-and-through gunshot wound to the right upper trunk, with Muscle Group II involvement, is appropriate as it represents the maximum schedular evaluation allowed under Diagnostic Code 5302.

The Board denied the veteran's claim for an earlier effective date for compensation under 38 U.S.C.A. § 1151, finding that there was no legal basis to assign an evaluation back to the time of his surgery in August 1991.

The Board found that the veteran's service-connected pterygium of the right eye did not cause any impairment to his vision, and thus did not meet the criteria for a compensable rating. The claim was denied.

The veteran's claims for increased evaluations for residuals of a gunshot wound to the right hip and arthritis of the right hip were denied as his conditions did not warrant an evaluation in excess of the current ratings.

The Board denied the veteran's claim for service connection for residuals of an eye injury, including a retinal tear of the left eye with history of vitreous floaters and iritis, retinal artery occlusion of the right eye and myopia. The evidence submitted since the October 1988 denial did not provide new or material evidence to support reopening the claim.

The Board has determined that the veteran's service-connected sensory deficit of the left lower extremity with retained foreign body warrants a 30 percent evaluation, reflecting severe incomplete paralysis.

The appellant is not entitled to additional educational benefits under Chapter 34 and Chapter 35, Title 38 United States Code due to the aggregate period for which any person may receive assistance from two or more programs being limited to 48 months.

The Board has granted a 30 percent evaluation for the veteran's dermatophytosis, finding that it warrants such an increase based on symptoms including scaling, xerosis, and itching. The decision also notes that the disability is not so severe as to warrant a higher rating.

The Board found that the reduction in the evaluation of the veteran's Non-Hodgkin's lymphoma from 100 percent to 30 percent for the period from August 1, 1992 to October 22, 1995 was proper.

The Board has determined that the appellant's current Achilles tendinitis of the right foot is related to his injury in service, and thus grants service connection for this condition.

The veteran's request for a waiver of his overpayment of VA pension benefits in the amount of $17,801 was denied because it was not filed within 180 days of notification.

The Board finds that the preponderance of the evidence does not support a finding that the veteran's colon cancer was incurred in or aggravated by service, may be presumed to have been incurred during such service, or is causally related to his service-connected duodenal ulcer disease. Therefore, service connection for colon cancer is denied.

The Board found that the veteran's duodenal ulcer disease was not manifested in service or within one year post-service, and there is no competent evidence relating it to any complaints or findings during service. The preponderance of the evidence is against the claim.

The Board granted a 10 percent rating for the veteran's right elbow disability and service connection for PTSD effective May 1, 2000. The veteran appealed for higher ratings and an earlier effective date.

The Board denied the appellant's request for waiver of overpayment of VA pension benefits due to her failure to submit a timely application, despite acknowledging that she was unaware of the time limit and ill at the time.