Other conditions Board decisions

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.

The Board denied the waiver of recovery for the portfolio loan indebtedness, finding that the appellant was at fault in creating the debt and thus, VA could enforce the debt.

The veteran's claim for an increased rating for bilateral pes cavus with metatarsalgia was granted, and service connection for left foot metatarsalgia was also established. However, the RO discontinued the evaluation for right pes cavus with metatarsalgia.

The Board found that the reduction in the disability rating for non-Hodgkin's lymphoma from 100 percent to 30 percent was not proper and restored the original 100 percent rating as of April 1, 2000.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience.

The Board has reopened the veteran's claims for service connection for chest pain and pectus excavatum, finding that new evidence supports a reopening of these previously denied claims. The claim is now considered on its merits.