Other conditions Board decisions

The veteran's service-connected chronic suppurative otitis media has been evaluated as 10 percent disabling since February 1987, and the Board finds that he meets the criteria for an extraschedular rating of 20 percent.

The Board has denied an increased rating for the veteran's service-connected stress fractures of the right and left legs, finding no evidence of compensable disability.

The Board has determined that the veteran's right eye disability, resulting in enucleation, was aggravated by service and is therefore granted service connection.

The Board found that the veteran's current hip disability was not caused or aggravated by her service-connected bilateral foot disorders, and denied her claim for service connection.

The Board has determined that the veteran's claim is well-grounded and grants the claim for a varus deformity of the left lower extremity.

The veteran's claim for an effective date prior to March 1, 1998, for increased disability compensation benefits based on recognition of a common-law spouse is denied.

The Board has granted higher ratings of 60 percent for post-phlebitis syndrome of the left leg and thrombophlebitis of the right leg, which are more favorable to the veteran under the revised rating criteria.

The Board found that the veteran's claim for service connection for residuals of a left elbow injury could not be reopened because no new and material evidence was submitted. The September 1952 rating decision denying service connection is final.

The Board has determined that the veteran's claim for service connection for a gastrointestinal disorder, to include peptic ulcer disease, is not well grounded and therefore denied.

The Board has determined that the veteran's cardiovascular disease, including myocardial infarction and atherosclerotic cardiovascular disease, was incurred in service due to his tobacco use during military service.

The veteran is seeking a higher rating for his service-connected right knee disability, which currently results in a 20 percent disability rating. The VA has requested additional information and ordered an updated examination to determine the current severity of his right knee condition.

The veteran's claim for compensation under 38 U.S.C. § 1151 for left eye enucleation is denied as the loss of vision was a necessary consequence of treatment for malignant ocular melanoma.,The veteran's claim for special monthly compensation based on anatomical loss of the left eye is denied due to lack of entitlement under the law, as he does not have service-connected disability related to his left eye enucleation.,The veteran's claim for service connection for loss of visual acuity of the right eye secondary to left eye enucleation is denied because there is no evidence linking this condition to a service-connected disability or active service.

The veteran's application for annual clothing allowance was denied by the VA Regional Office (RO) in Denver, Colorado. The RO determined that the effective date could not be earlier than August 1, 1998 due to a failure to file within one year of the initial award.

The Board denied the veteran's request to waive recovery of a loan guaranty indebtedness in the amount of $25,000 due to his default on the VA guaranteed loan. The decision concluded that collection would not violate principles of equity and good conscience.

The Board has determined that it does not have jurisdiction to decide the eligibility for direct payment of attorney fees, as addressed by the Court in Scates v. Gober.

The Board has granted a 70 percent evaluation for postoperative status right radial and median nerve impairment, the maximum rating allowed under applicable regulations.

The VA denied an increased disability evaluation for the appellant's service-connected residuals of gunshot wounds to the right arm, currently rated at 40 percent.

The Board found that the veteran's respiratory disability, as evaluated at 30 percent, did not meet or approximate the criteria for a higher evaluation under the new rating criteria.

The Board denied an increased rating for residuals of malaria, finding no active disease or ascertainable residuals such as liver or spleen damage.

The Board finds the appellant's claim for restoration of nonservice-connected death pension benefits after June 30, 1996 is not warranted due to her annual income exceeding VA's maximum annual rate of income for a surviving spouse without dependents. The appellant has not provided sufficient evidence of unreimbursed medical expenses.