Other conditions decisions — 2000

The veteran's claim for an increased evaluation of his service-connected PTSD is being remanded due to the need for additional VA examinations and treatment records.

The appellant's service as a Philippine Scout under Section 14, Public Law 190, 79th Congress is not considered active military service for the purpose of VA disability pension benefits.

The veteran's postoperative residuals of duodenal ulcer disease are rated at 60 percent, the maximum available under the applicable rating code.

The Board has ordered the case to be remanded due to incomplete evidence and confusion in fact patterns, requiring the RO to obtain the veteran's claims folder(s) and transcript of the appellant's hearing. The issue is now for resolution on its merits.

The Board determined that the veteran's injuries sustained in a motor vehicle accident on September 6, 1992 were due to his own willful misconduct and not service-connected.

The veteran's claim for an increased rating for a duodenal ulcer was denied by the RO.

The veteran's left eye chorioretinitis has resulted in a slight visual impairment, and the current evaluation of 10 percent is appropriate.

The Board denied the waiver of recovery of loan guaranty indebtedness due to failure to qualify for a retroactive release from liability and because the original loan was not current at the time the transferee acquired the property.

The Board denied the appellant's request for a waiver of recovery of loan guaranty indebtedness due to fault on his part in creating the debt, lack of undue hardship, and unjust enrichment.

The veteran's claim for service connection for varicose veins, right leg is denied as not well grounded. The claim for an increased evaluation of his service-connected varicose veins, left leg, is granted and he is currently rated at 40 percent. His TDIU claim is also denied.

The Board granted service connection for keloid formation, right retro-auricular area due to exposure to Agent Orange. The claim of service connection for ichthyosis vulgaris was not well-grounded. Service connection for vitiligo was denied as the condition existed prior to service and is not presumed to be related to Agent Orange exposure.

The Board has determined that the veteran does not have well-grounded claims for service connection for blepharitis, meibomianitis, and allergies. The evidence does not support a finding of current disability due to disease or injury incurred in or aggravated by service.

The Board denied the veteran's claim for service connection for bilateral patellofemoral syndrome, finding that there was no evidence to support a relationship between his service-connected pes planus and his current condition.

The Board has ordered additional development of the veteran's claims file, including obtaining VA medical records and requesting new opinions from qualified specialists. The case will be reviewed again to determine if an increased disability rating can be granted for his service-connected chronic brain syndrome.

The Board found that the veteran's anemia was not caused by his service or a service-connected condition, and denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected left fifth metatarsal fracture residuals was denied by the Board. The disability is currently rated at a noncompensable level, but the Board found that it should be rated at a 10 percent level based on moderate severity.

The Board has determined that a 60 percent rating is warranted for the veteran's service-connected varicose veins of the right leg, which manifests persistent edema and ulceration.

The Board found that the veteran's claim for an increased evaluation of his residuals of shell fragment wounds of the right calf was not well-grounded, and thus denied it. The claim for phlebitis of the right lower leg resulted in a denial as well.

The veteran's request for a waiver of overpayment was denied by the Committee on Waivers and Compromises. The case is being remanded to schedule a Travel Board hearing.

The Board denied the veteran's request for a waiver of recovery of an overpayment of $2,056.00 due to her failure to report her change in marital status promptly.