Other conditions decisions — 2000

The Board granted the waiver of recovery of an overpayment of improved death pension benefits in the amount of $958, finding that collection would not violate principles of equity and good conscience.

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 found that the veteran's service-connected dysthymia did not meet the criteria for an evaluation in excess of 50 percent, and denied his claim for a total rating based on individual unemployability due to service-connected disability. The evidence showed that while the veteran had significant psychiatric symptoms, they were not severe enough to prevent him from maintaining employment.

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

The VA has denied the veteran's claim for an evaluation greater than 50 percent for varicose veins and thrombophlebitis, finding that the current symptoms do not meet the criteria for a higher rating.

The Board has determined that the veteran's residuals of shell fragment wound of the left forearm, with radial nerve damage, meet the criteria for a 40 percent evaluation.

The Board of Veterans' Appeals found that the veteran's right hand disability, specifically his service-connected injuries to the 4th and 5th fingers, did not warrant an evaluation in excess of 10 percent due to limited motion.

The veteran's overpayment of improved disability pension benefits was denied due to his failure to report full family income, including that of his spouse.

The Board granted service connection for a bladder disorder effective from August 13, 1985. The veteran is seeking an earlier effective date.

The Board has granted an apportionment of 50 percent of the veteran's VA disability pension benefits to his children in the appellant's custody, as the veteran is not reasonably discharging his responsibility for support of his children and there is no undue hardship on the veteran.

The Board denied the veteran's claim for service connection for a cardiopulmonary disorder, finding no direct link between his current condition and his period of active duty. The appellant had shortness of breath noted in service but no other cardiac issues were found. He was diagnosed with ischemic cardiomyopathy many years after service.

The Board has granted service connection for the veteran's right (major) cubital tunnel syndrome, but denied a rating in excess of 10 percent.

The Board has determined that the veteran's herniated nucleus pulposus warrants a 60 percent evaluation, effective from November 4, 1993.

The Board denied the appeal, finding that the appellant's discharge from military service in March 1969 under other than honorable conditions constitutes a bar to VA benefits except for health care.

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 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 is requesting that the RO reconsider and correct any errors in their previous decisions regarding his claim for individual unemployability. The case has been remanded to allow this review.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person is being remanded due to a lack of a VA examination in conjunction with the claim.

The Board has reopened the veteran's claim of service connection for varicose veins and granted it. The issue of service connection for moles on the feet is addressed in the remand section.

The veteran's appeal has been dismissed due to his death.