Other conditions decisions — 2000

The VA has denied an increased evaluation for amebiasis, currently rated at 10 percent. The Board found that the veteran's current symptoms do not warrant a higher rating as they are no more than moderately disabling.

The Board found that the overpayment of $3154.00 was properly created due to the veteran's failure to report his divorce and subsequent marriage, resulting in an overpayment from October 1, 1991 through November 30, 1997. The Committee denied waiver of recovery of the overpayment as it would not be against equity and good conscience.

The Board denied the veteran's claims for increased evaluations for his service-connected hammertoes and neuropathy of the right leg, finding that the current manifestations did not warrant a higher rating.

The Board has reopened the veteran's claim for service connection of a bilateral eye disorder due to new evidence submitted since the last final decision. However, the Board found that there is no evidence linking any current eye disorder to service and denied the claim.

The Board has denied the veteran's claim for service connection for bilateral myopia and astigmatism (myopic astigmatism) as there is no evidence of any disease or trauma to the eyes during service, and refractive error is not a condition that can be granted service connection.

The Board denied reopening of the veteran's claim for service connection for residuals of poliomyelitis involving the left lower extremity, finding no new and material evidence to support the claim.

The Board denied the veteran's claim for service connection for the cause of his death due to astrocytoma, finding no evidence linking it to military service or exposure to Agent Orange. The eligibility for Dependent's Educational Assistance under Chapter 35 was also not met.

The Board has determined that the veteran's right ear disorder is service-connected, as it is reasonably shown to have had origins during his period of active service. The right eye disorder claim was not well-grounded.

The Board has denied the veteran's claim for a permanent and total disability rating for nonservice-connected blindness, finding that his blindness is not due to misconduct.

The Board has dismissed the appeal due to the appellant's death.

The Board determined that the reduction of the evaluation for left ear defective hearing from 10 to zero percent was proper, based on a finding of clear and unmistakable error (CUE) in the April 1981 rating action. The veteran's service-connected left ear hearing impairment was addressed by the schedular criteria at the time.

The Board denied the veteran's claim for service connection for defective hearing as secondary to radiation exposure, finding that there was no well-grounded claim.

The Board found that the June 1956 rating decision was not clearly and unmistakably erroneous in failing to award service connection for TMJ and denying service connection for a disability of the eyes, as the evidence before the RO did not support these claims at that time.

The case is being remanded to the Regional Office for further action, including a special neurological examination and general medical examinations. The veteran's disabilities will be re-evaluated to determine if he meets the requirements for housebound benefits.

The Board denied the veteran's claims for service connection for lipomas and loss of teeth, as well as a compensable rating for lymphadenitis. The decision also addressed his claim for post-traumatic stress disorder (PTSD), which was remanded to the RO.

The Board denied the appellant's claim for service connection for basal cell carcinoma, claiming it as a residual of exposure to Agent Orange, finding no competent medical evidence linking the condition to his period of active service or any claimed exposure to Agent Orange.

The Board has determined that the veteran's claim for service connection for an eye disorder is granted.

The veteran's claim for an increased rating for his left shoulder disability, which is currently rated at 20 percent, has been denied by the Board of Veterans' Appeals.

The veteran's lung cancer is being reviewed due to the possibility of radiation exposure during Operation CROSSROADS. The case has been remanded for further development and an opinion from the Under Secretary for Benefits regarding the likelihood that the lung cancer was caused by radiation exposure.

The Board has determined that the veteran's weakness in his left hand grip is not due to service-connected scars of the left hand, and thus does not warrant a compensable evaluation.