Other conditions Board decisions

The veteran's claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $13,596 was denied because it was not timely filed.

The Board denied the veteran's claims for service connection for a back disability and lung disability, finding that his current conditions were not related to his military service.

The Board has determined that the veteran's left clavicle disability warrants a 20 percent rating, reflecting limitation of motion to shoulder level.

The Board has determined that it does not have jurisdiction to decide the matter of eligibility for attorney fees from past-due benefits, as addressed by the Court in Scates v. Gober.

The Board granted separate 30 percent ratings for right and left trenchfoot, increasing the veteran's combined rating from 40 to 60 percent effective January 12, 1998.

The Board found clear and unmistakable error in the February 1957 rating decision that denied service connection for bilateral defective vision, as evidence of record at the time showed a diagnosis of retinochoroiditis both during service and after service.

The Board has determined that the veteran's pre-existing left eye disability, characterized as cataract extraction and iris distortion, was aggravated by active military service.

The Board has determined that the claim of entitlement to service connection for TMJ syndrome is well grounded and requires further development before a decision can be made.

The veteran's right hip disability is rated at 50% and his abdominal muscle disability with incisional hernia is rated at 40%. The lumbosacral strain was initially rated at 40% from November 12, 1996 to February 10, 1997, and later increased to 60% after that date.

The Board denied reimbursement or payment of unauthorized medical expenses due to the appellant's period of hospitalization at Indian River Memorial Hospital from April 8, 1997, to April 11, 1997, as there was no evidence of a medical emergency requiring urgent admission.

The Board has granted an increased rating to 10% for the veteran's residuals of a gunshot wound of the left thigh, effective from when it was first rated.

The veteran's thoracic spine disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 and a temporary total evaluation based on post-surgical convalescence is granted.

The Board denied the veteran's appeal, finding that his election to receive Chapter 30 education benefits was not timely received by VA due to a change in the statutory deadline date from October 23, 1993 to before October 23, 1993. The decision also noted that under prior regulations, if the

The veteran's claim for an increased evaluation of his service-connected PTSD is being remanded due to the need for additional VA examinations and treatment records.

The appellant's service as a Philippine Scout under Section 14, Public Law 190, 79th Congress is not considered active military service for the purpose of VA disability pension benefits.

The veteran's postoperative residuals of duodenal ulcer disease are rated at 60 percent, the maximum available under the applicable rating code.

The Board has ordered the case to be remanded due to incomplete evidence and confusion in fact patterns, requiring the RO to obtain the veteran's claims folder(s) and transcript of the appellant's hearing. The issue is now for resolution on its merits.

The Board determined that the veteran's injuries sustained in a motor vehicle accident on September 6, 1992 were due to his own willful misconduct and not service-connected.

The veteran's claim for an increased rating for a duodenal ulcer was denied by the RO.