Other conditions decisions — 2000

The veteran's claim for an increased evaluation for his service-connected amputation of the left 5th finger at the proximal interphalangeal joint is denied as there is no evidence of metacarpal resection, which would warrant a higher rating.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board has determined that the case must be remanded to consider whether new and material evidence has been submitted sufficient to reopen the appellant's previously denied claim for service connection for the cause of the veteran's death. The RO is also required to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has remanded the case for further development to determine if the veteran's peptic ulcer disease and right-sided hernia are related to his military service.

The Board has determined that the veteran's residuals of a gunshot wound to the right elbow and humerus with nerve damage to all radicular nerve groups, and medial and ulnar nerves do not meet the criteria for an increased evaluation beyond the current 70 percent rating.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for enrollment prior to April 21, 1998, is denied as he is not entitled to such benefits due to the receipt date of his application.

The veteran's case is being remanded for a Travel Board hearing at the Wilmington, Delaware Regional Office.

The veteran's request for a waiver of recovery of an overpayment of VA disability pension benefits was denied because it was not filed within the 180-day period following notification of the indebtedness.

The Board denied the appellant's claims for increased evaluations for his service-connected disabilities, including left forearm amputation (major), malunion of the left tibia and fibula, residuals of multiple perforating shell fragment wounds of the left leg, residuals of shell fragment wounds of the left chest and back, and residuals of a left perforated tympanic membrane. The appellant was granted a total disability rating based on individual unemployability.

The veteran's claim for a higher evaluation of her service-connected urinary incontinence with subsequent bladder surgery was granted, and she is now rated at 20 percent. The effective date remains August 26, 1997.

The Board has granted a 50 percent rating for the veteran's service-connected compression fracture L-1, effective from July 1998.

The veteran's residuals of a cholecystectomy are rated at 10 percent, the minimum rating available for this condition.

The evidence received since the September 1985 decision is new and material, allowing the veteran's claim for service connection for a psychosis to be reopened.

The Board denied the veteran's claim of clear and unmistakable error in the January 1993 rating decision that denied a compensable disability rating for service-connected psychoneurosis. The veteran argued that there was sufficient evidence to support a higher rating, but the Board found no specific error on the part of the RO.

The Board denied the veteran's claims for an increased rating for duodenal ulcer disease and a compensable rating for hearing loss of the left ear. The veteran was granted a 20% rating for his service-connected duodenal ulcer disease, but his claim for hearing loss remains denied.