Other conditions decisions — 2000

The veteran's claim for service connection under 38 U.S.C. § 1151 was denied as there is no evidence of current disabilities resulting from VA treatment, and the veteran lacks the expertise to evaluate medical adequacy.

The Board denied an increased rating for the veteran's service-connected right heel fracture with spurring, finding no objective evidence of disabling manifestations that would support a higher rating.

The Board denied the appellant's request to be recognized as the surviving spouse of the veteran for VA benefits due to lack of legal validity of her marriages and failure to meet all criteria set forth in the regulations.

The Board found that the veteran's iliotibial band syndrome did not meet the criteria for a higher initial rating than 20 percent on either side, as it was only moderate in severity.

The Board denied the veteran's claim to reopen his service connection for residuals of pneumonia, finding that the additional evidence did not present new and material information.

The veteran's claim for a certificate of eligibility for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment is granted. The claim for an effective date earlier than May 1984, for the assignment of a 30 percent rating for scars of the right arm with retained foreign body in soft tissue and sensory loss in ulnar nerve distribution, is also granted.

The veteran did not die of a service-connected disability and was not evaluated as permanently and totally disabled for 10 years prior to his death, thus the appellant is not eligible for educational assistance under Chapter 35.

The veteran's claim for an earlier effective date for a 60 percent rating for ankylosis of the spine was denied. The earliest possible effective date is July 12, 1996.

The veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the required 180-day period after notification.

The Board finds that the veteran's Hodgkin's disease is likely to have originated during his military service, and grants service connection for this condition.

The veteran's service-connected low back disability, including deformity of L4-5 with right pelvic tilt and compensatory rotoscoliosis, is currently rated at 40 percent. The Board has determined that a 60 percent evaluation is warranted based on the severity of his symptoms.

The Board denied an increase in the veteran's evaluation for his service-connected left thigh disability, finding that further development was needed to address issues related to secondary service connection and other medical findings.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits because it was not filed within the required time limit.

The veteran is found incompetent to handle VA funds due to dementia, and the Board has denied this claim.

The Board has determined that the veteran's claim for service connection for a lung disorder as a result of exposure to mustard gas is denied due to lack of evidence linking his current condition to service.

The VA denied increased ratings for the veteran's bilateral varicose veins, left leg varicose veins, and right leg varicose veins. The decision is based on the current rating criteria.

The Board denied the veteran's claim for service connection for residuals of dental trauma, finding no current residuals and thus denying the claim.

The Board has denied the veteran's claims for service connection for arthritis of the back and right shoulder, as well as residuals of a brain concussion. The denial is based on the lack of available service medical records due to their destruction in a fire at the National Personnel Records Center.

The Board has decided to remand the case for an appropriate hearing before a Veterans Law Judge at the RO, due to the veteran's request. The claim of reopening service connection for residuals of a head injury is pending.

The veteran's claim for pension benefits due to non-service connected disabilities is being remanded for further development, including a VA medical examination and consideration of whether the case should be referred for extraschedular review.