Other conditions decisions — 2000

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that while he had frostbite, malnutrition, and edema and swelling of the feet during his period as a prisoner of war, these conditions did not result in ischemic heart disease. The Board concluded that there was no direct evidence linking the veteran's death to service.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding that his disagreement was not timely filed within one year of the denial.

The veteran's claim for recognition as a former prisoner of war (POW) for VA benefits, including the presumptive provisions of Public Law 97-37 and Public Law 100-322, was denied due to lack of evidence showing he served as a POW during his verified service period.

The veteran's service-connected duodenal ulcer, gastritis, reflux disease, and diverticulosis are currently evaluated at a 30 percent rating. The Board found that the evidence does not meet or approximate criteria for an increased evaluation.

The veteran's appeal is denied as there is no basis for retroactive VA education benefits under the regulatory criteria governing commencement dates of awards of Chapter 30 educational assistance benefits.

The Board found that the appellant does not have valid military service and therefore cannot be considered a 'veteran' for VA benefits, leading to a denial of his claim.

The veteran's service does not meet the basic eligibility requirements for nonservice-connected pension benefits.

The Board denied the veteran's appeal because he did not file a timely notice of disagreement with the April 1984 decision reducing his disability compensation to 10 percent due to incarceration.

The VA has authorized payment for a paper shredder and answering machine to be used in the veteran's self-employment as a private investigator under Chapter 31, Title 38. The additional equipment requested was not deemed necessary.

The veteran's claim for an increased evaluation in excess of 40 percent for urinary incontinence is denied. The evidence does not show that the schedular criteria for a higher rating have been met.

The Board denied a waiver of recovery of an overpayment of disability compensation benefits in the amount of $4,457 due to the veteran's fault and lack of undue economic hardship.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because the procedures in question were not performed at a VA facility and there was no contractual agreement between the Iowa City VA medical center and the University of Iowa Hospitals and Clinics that covered these services.

The Board denied an increased rating for the service-connected residuals of a right hip replacement, currently evaluated at 70 percent.

The Board has reopened the claim of service connection for a pulmonary disorder, claimed as secondary to mustard gas exposure. The veteran's new and material evidence includes his testimony regarding exposure during active service and symptoms he experienced at that time.

The Board found that the veteran's lung disability was not incurred in or aggravated during his military service and denied his claim for service connection.

The Board has granted increased evaluations for the veteran's service-connected hallux valgus with bunionectomy and DJD of both feet, as well as his retropatellar pain syndrome in both knees. The claim to reopen a lumbar condition was also granted.

The Board has granted a 20 percent rating for post traumatic arthralgia of the left knee, finding moderate impairment due to ligamentous laxity. A separate 10 percent rating is also granted for arthritis and functional impairment from pain in the left knee.

The Board denied the veteran's claim for service connection for a dental disability, finding that new and material evidence had not been submitted to reopen her case.

The Board has granted the veteran's waiver of recovery for an overpayment of improved disability pension benefits, finding that recovery would be against equity and good conscience due to the veteran's financial hardship.

The VA denied an increased evaluation for the veteran's right thigh injury residuals, currently rated at 30 percent.