Other conditions decisions — 2000

The Board has restored service connection for bilateral inguinal hernias, finding that the decision to sever it was not proper due to clear and unmistakable error in a prior rating decision.

The veteran's claim of entitlement to a disability rating in excess of 30 percent for service-connected post traumatic stress disorder (PTSD) is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claim for an effective date earlier than December 5, 1996 for a 10 percent disability evaluation for his service-connected right first finger injury residuals. The decision found that there was no indication of increased severity prior to December 5, 1996 and thus, the earliest date as of which it is factually ascertainable that an increase in disability occurred is December 5, 1996.

The Board of Veterans' Appeals (BVA) has determined that the appellant does not have valid military service for purposes of eligibility for VA benefits and therefore, denied his claim.

The veteran's claim for a higher rating for his service-connected antral gastritis was granted, with the current rating of 10 percent being maintained.

The Board found that the veteran's degenerative changes of L4-5 and S1 are currently rated as 20 percent disabling under Diagnostic Code 5293 for intervertebral disc syndrome, but denied an increased rating based on current symptomatology.

The Board denied the appellant's claim for nonservice-connected VA death pension benefits as her husband did not have recognized service in the U.S. Armed Forces.

The veteran's estate is denied accrued benefits because the nephew and niece, who are not eligible under VA regulations for such benefits, did not bear the expense of his burial or last illness.

The Board has determined that the veteran's residuals of non-Hodgkin's lymphoma do not warrant an evaluation in excess of 30 percent.

The veteran's claim for a compensable rating for residuals of a left chest lipoma was denied because he failed to report for a VA examination without showing good cause.

The Board denied the appellant's claim for an effective date previous to October 1, 1998, for the reinstatement of VA dependency and indemnity compensation benefits as the surviving spouse of her deceased husband. The decision stated that she was not entitled to reinstatement due to the bar to remarriage after November 1, 1990.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a certification from the service department stating he had no recognized service in the United States Armed Forces.

The veteran died from esophageal cancer while not hospitalized in a VA facility. The appellant is denied eligibility for VA burial benefits as the veteran was not properly hospitalized at the time of his death.

The Board has determined that the veteran's left eye disorder, characterized as macular edema and inferior retinal vein occlusion, resulted from VA surgery in January 1997. The decision grants disability compensation benefits for this condition under the provisions of 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for waiver of recovery of an overpayment in the amount of $29,330.00 stemming from the overpayment of pension benefits.