Other conditions decisions — 2000

The Board has granted service connection for gout as secondary to treatment for hypertension and has assigned a 20 percent evaluation for the residuals of postoperative reconstruction of the left Achilles tendon.

The veteran's left eye disability is rated at 30 percent, and his malaria does not warrant a compensable evaluation.

The Board denied the veteran's claim for an increased rating for her service-connected costochondritis, finding that the evidence did not support a higher evaluation.

The Board found that the veteran's death was incurred in the line of duty and not due to his own willful misconduct, thus granting service connection for the cause of death. Basic eligibility for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code is also granted.

The veteran's claim for an increased rating for his service-connected right ring finger disability is denied as the condition does not warrant a higher evaluation.

The veteran's and his wife's rental income and interest income are considered countable for improved disability pension benefits, but the business loss sustained by his wife is not deducted from their overall income.

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

The Board found the claim of service connection for residuals of a right hip injury not well-grounded and denied it. The claim of increased evaluation for PTSD was affirmed.

The veteran's service is not considered active military, naval or air service for the purpose of establishing entitlement to nonservice-connected disability pension. Therefore, the veteran is denied basic eligibility for VA nonservice-connected disability pension benefits.

The Board finds that the veteran's current disability is proximately related to an injury he suffered while playing softball in service, and grants his claim for service connection.

The Board has determined that the preponderance of evidence does not support a temporary total disability rating for convalescence following the December 1998 surgical treatment, and the veteran's claim for a total disability based on individual unemployability due to service-connected disabilities is also denied.

The Board denied the veteran's appeal because his notice of disagreement with the denial of his request for waiver of recovery of a loan guaranty indebtedness in the amount of $6,016.30 was not timely filed.

The Board has granted service connection for bilateral pes cavus and awarded a 10 percent evaluation for right knee traumatic arthropathy, effective from October 23, 1992.

The Board has remanded the case due to an inextricably intertwined issue regarding service connection for the cause of death and a claim involving nicotine dependence or smoking.

The Board has denied the veteran's claim for an increased rating for his service-connected fractured right femur, finding that the condition is well-healed and not more than 30 percent disabling.

The VA denied the veteran's claim for an increased rating of his service-connected postoperative residuals of left thoracotomy for recurrent spontaneous pneumothorax with emphysematous changes by X-ray, currently rated at 30 percent.

The Board found that the appellant does not have psoriatic arthritis and denied his claim for service connection as secondary to his service-connected psoriasis.

The Board found that the appellant's claim was not well-grounded because there is no evidence of a nexus between his military service and his diagnosed condition, which is considered to be congenital. The Board concluded that the appellant did not meet his burden to provide sufficient evidence for a grant of service connection.

The Board found that the veteran's residuals of bilateral mastectomies did not meet criteria for a higher evaluation prior to May 21, 1995 and after May 22, 1995 under both old and new rating criteria. Separate evaluations for nerve damage were not available under the old criteria but would be permissible under the new criteria.

The Board has determined that the veteran's service-connected residuals of a cholecystectomy with hiatal hernia do not warrant a rating in excess of 10 percent.