Other conditions decisions — 2000

The VA has granted a 10 percent evaluation for the veteran's service-connected bilateral chondromalacia, effective from the date of the August 1994 rating decision.

The Board of Veterans' Appeals (BVA) has determined that the appellant's brother did not have valid military service for purposes of eligibility for VA benefits, and thus the appellant cannot establish basic eligibility for VA benefits.

The Board found that the veteran's minimal fault in creating the loan guaranty indebtedness justified a partial waiver of recovery, requiring repayment of $2000.

The Board of Veterans' Appeals has determined that the veteran's non-Hodgkin's lymphoma is service-connected due to exposure to radiation during his military service.

The Board denied the appellant's claims for service connection for a disorder manifested by pain in the left side of the body and an increased evaluation for postoperative hiatal hernia with gastritis and dumping syndrome. The claim for PTSD was also denied, but the appellant is now entitled to a 50% evaluation effective July 14, 1999. The low back disability claim remains pending.

The Board denied the veteran's claims for service connection for left hip disorder and lung condition, finding that there was no evidence of a nexus between these conditions and his military service. The claim for an initial disability rating in excess of 10 percent for left knee disability was also denied.

The VA determined that the veteran's osteochondroma of the right femur does not result in any residual disability and thus denied his claim for a compensable evaluation.

The Board has denied the veteran's claims for service connection for a skin disorder of the legs and for reopening his claim regarding stomach disorders. The decision found that there was no evidence linking these conditions to active military service.

The veteran's initial claim for a higher rating was granted, and he is now receiving a 20 percent rating effective July 23, 1998. The Board found that the veteran's prolapsed colostomy meets the criteria for a 30 percent evaluation since April 1992.

The Board found that the overpayment was not due to fraud, misrepresentation or bad faith of the veteran. However, recovery of the overpayment would not be against equity and good conscience, thus denying the waiver request.

The Board denied the veteran's claim for payment of compensation for service-connected disability at more than the 10 percent rate while incarcerated, finding that his compensation was properly reduced to the 10 percent level due to incarceration.

The Board has determined that the veteran's claim is well-grounded and granted service connection for a right hip disorder.

The veteran's appeal is denied as he does not meet the eligibility requirements for nonservice-connected pension benefits due to lack of service during a period of war.

The Board of Veterans' Appeals found that the RO correctly adjusted the veteran's rate of pension based on a reported one-time payment from SSA, and thus denied the appeal.

The Board has granted an increased rating of 30 percent for the veteran's residuals of a whiplash injury, effective from February 1999.

The appellant is not eligible for VA death benefits, including DIC, death pension, and accrued benefits due to her status as the veteran's mother-in-law.

The Board has ordered additional development to obtain medical records and conduct examinations for the veteran's service-connected conditions, including intermittent claudication with varicose veins of the right leg and sensory neurological abnormality of the right lower extremity. The case is being returned to the RO for readjudication.

The Board denied an increased rating for the residuals of a left pneumothorax, finding no basis to assign a compensable evaluation under either the old or new respiratory regulations.

The veteran's claim for an increased rating for residuals of a shell fragment wound of the left lower back area is being remanded due to the need for additional VA examination and consideration of all submitted evidence.

The veteran withdrew his appeal, effectively dismissing the case.