Other conditions decisions — 2000

The Board has granted service connection for bilateral shin splints and assigned a 10 percent rating for each leg.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the United States Armed Forces.

The Board found that the veteran's basal cell carcinoma was incurred in service due to sun exposure during his active duty.

The Board found that the veteran's claim for service connection for an eye disorder, including as secondary to a service-connected disability, is not well-grounded due to lack of competent medical evidence linking his current eye disorders to active service or to treatment provided for a service-connected disability.

The Board finds that the veteran's claim of service connection for gout as a chronic disability resulting from an undiagnosed illness is legally insufficient due to lack of competent medical evidence linking his current condition to military service or an undiagnosed illness.

The Board found that the veteran's claims for PTSD and leiomyomata uteri, status post myomectomy in 1992 and 1993 were not well grounded. The veteran did not meet the criteria for PTSD, and there was no evidence of a worsening of her pre-existing fibroid condition during service.

The Board denied the veteran's claims for service connection for the cause of his death and DIC under 38 U.S.C.A. § 1318 due to a lack of evidence supporting these claims, as well as issues regarding hypothetical entitlement.

The Board found that the veteran's claim of entitlement to service connection for degenerative joint disease of the thoracic spine is not well grounded and denied the claim.

The Board found that there was no fraud, misrepresentation or bad faith on the part of the veteran in creating the overpayment. Therefore, the claim for waiver of recovery of the overpayment is granted.

The veteran's claim for service connection for tremors has been dismissed due to the death of the veteran.

The Board has determined that the veteran's current diagnosis of hallux valgus is related to his inservice finding, thus granting service connection for this condition.

The veteran's service-connected residuals of an incomplete fracture of the left fifth metatarsal are currently manifested by mild tenderness near the base of the fifth metatarsal, as demonstrated on most recent VA examination in December 1999. The Board finds that these symptoms do not warrant a compensable evaluation.

The veteran's claim for service connection for an upper GI disorder, including peptic esophageal stricture, peptic ulcer disease, and a hiatal hernia was denied. The Board also found that the veteran did not meet his burden of proof to establish entitlement to benefits under 38 U.S.C.A. § 1151 for ALL as a result of failure to diagnose ALL during treatment at a VA facility from October 1987 to July 1988.

The Board previously granted service connection for residuals of frozen feet, but the issue of service connection for cause of death must be reconsidered as it relates to a service-connected disability.

The Board has denied the veteran's claim for service connection for a dental condition for VA outpatient treatment, finding that there is no competent evidence linking any current diagnosed conditions to service.

The Board denied the veteran's claims for an earlier effective date and a higher initial disability rating for his myofascial pain syndrome involving the thoracic spine, finding that no new evidence had been submitted to reopen the claim.

The Board of Veterans' Appeals has ordered the RO to locate and reconstruct the claims file, as it is incomplete. The case will be remanded for further development.

The Board found the claim not well-grounded due to lack of competent medical evidence linking the current symptoms to service or any other event.

The veteran's VA disability compensation is denied as it is subject to recoupment of the net amount of Special Separation Benefit (SSB) received at separation from service.

The Board denied the appellant's request for an effective date later than August 1, 1997, for the payment of non-service-connected death pension benefits. The proper effective date was determined to be July 1, 1997, as it is within 45 days of the veteran's death on July 19, 1997. Payment cannot be made before August 1, 1997.