Other conditions Board decisions

The appellant is seeking an earlier effective date for DIC benefits. The case has been remanded due to the failure to schedule a hearing as requested in her substantive appeal.

The Board has dismissed the motion alleging clear and unmistakable error in a July 1995 decision of the Board denying entitlement to an increased rating for traumatic brain syndrome with psychotic reaction, as the motion was withdrawn by the moving party's representative.

The veteran's appeal is denied as he does not meet the basic service eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code.

The Board denied the claim of entitlement to a compensable rating for dysthymic disorder, finding that the criteria for a compensable evaluation have not been satisfied.

The veteran's skin condition was not incurred in or aggravated by active service, nor may its incurrence in service on the basis of mustard gas exposure be presumed.

The VA determined that the veteran's service-connected bilateral anterior tibial compartment syndrome does not warrant a compensable rating due to lack of significant functional impairment.

The Board denied the veteran's claim for a higher disability rating for his service-connected suppurative otitis media of the left ear, finding that there were no recent findings of suppuration or aural polyps and that the residuals did not present an exceptional or unusual disability picture.

The Board has remanded the case for further development, including obtaining medical records and providing an examination to determine if the veteran's ankylosing spondylitis had its onset in service or is related to his service-connected foot disability.

The Board denied the veteran's claim for service connection for residuals of a jaw fracture, finding that there is no current evidence supporting this condition.

The veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $2,299 was denied as it was not filed within the 180-day time limit set by regulation.

The Board denied the veteran's appeal because she did not file a timely substantive appeal (SA) within the required time frame for her claim of entitlement to service connection for vaginitis, squamous metaplasia and dysplasia of cervix.

The Board found no evidence of current disability related to the in-service shell fragment wound, resulting in a denial of an increased rating.

The veteran's service-connected disability did not prevent him from being trained to the point of employability as a secondary education teacher. He has been awarded benefits for his bachelor's and master's degrees, but is denied additional benefits for a doctoral degree.

The Board has determined that there is no evidence of arthritis or other compensable impairment in the veteran's right foot, and thus denies his claim for an increased rating.

The Board has determined that the claim of service connection for a chronic skin disability is not well grounded. The veteran's claim for an initial compensable rating for genital herpes is also considered, but further development is needed as there are no VA treatment records from September 1997 and the veteran failed to report for examinations.

The Board has determined that the veteran's service-connected post-operative residuals of left inguinal hernia do not warrant a rating in excess of 10 percent, and his service-connected residuals of a fracture of the jaw and laceration of the chin do not warrant an evaluation in excess of 10 percent.

The VA denied the veteran's request for an increased evaluation of his chest disability, which is currently rated at 20 percent.

The veteran's claim for an increased rating for his service-connected pelvic injury residuals and TDIU based on all of his service-connected disabilities was denied. The current evaluation of 40 percent for the pelvic injury residuals is upheld.

The VA denied an increased rating for the veteran's service-connected gastritis and duodenal ulcer, currently rated at 20 percent. The evidence did not show symptoms warranting a higher rating.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen a claim of service connection for a right hip disorder, including degenerative arthritis and old Legg-Perthes disease. The appellant argues that his preexisting condition was aggravated by service.