Other conditions decisions — 2000

The Board denied the appellant's claim that interest income from redeemed Series EE bonds should be considered countable income for improved pension benefits.

The appeal is dismissed because the appellant died during the pendency of her motion for clear and unmistakable error.

The veteran's service-connected herniated nucleus pulposus, status post hemilaminectomy and excision of the lumbar spine is productive of no more than moderate impairment from April 5, 1992 to November 28, 1994. The Board has determined that an evaluation in excess of 20 percent for this disability is warranted during this period.

The veteran's estranged spouse is granted an apportionment of the veteran's VA disability pension benefits in the amount paid to the veteran as dependency allowance on behalf of his minor children.

The Board denied the veteran's claim for service connection for a back disorder, including spina bifida occulta, finding that there was no evidence linking any current back disorder to his military service.

The Board has determined that the veteran's service-connected hallux valgus with bunions of both feet do not warrant an evaluation in excess of 10 percent.

The VA determined that the veteran's Duke's B3 colon carcinoma status post resection transverse colon and hemicolectomy did not warrant a higher evaluation than the current 30 percent rating.

The Board denied the veteran's claim for waiver of recovery of loan guaranty indebtedness, finding that collection would not be against equity and good conscience due to the appellant's fault in creating the debt. The Board also found no evidence of undue hardship.

The appellant's claim for an increased evaluation for his service-connected status post mandibular injury with malocclusion and temporomandibular joint pain is being remanded due to the need for additional medical examination.

The Board found no evidence linking the veteran's current skin disorder to a specific chemical substance administered during service, and thus denied his claim for service connection.

The Board found no competent medical evidence linking the veteran's current left knee disorders to his military service, and thus denied the claim for service connection.

The Board has determined that the veteran sustained dental trauma to teeth numbers 7 and 8 during service, which raises a reasonable doubt in favor of the veteran. Therefore, service connection is granted for residuals of dental trauma to these teeth for purposes of eligibility for VA outpatient dental treatment but not for VA compensation purposes.

The veteran's service-connected HNP with radicular pain and hypoesthesia in the L5-S1 dermatome has been rated at 40 percent, effective September 30, 2000.

The veteran's death was due to prostate carcinoma with bony metastases, which is now considered a presumptive disease for Agent Orange exposure. The appellant remarried in October 1996 and no longer meets the legal criteria for surviving spouse benefits.

The Board has denied the veteran's claim for service connection of his left Achilles tendon injury, concluding that there is insufficient evidence to determine if he was on active duty at the time of the injury.

The veteran's claim for a higher rating for lichen planus of the oral mucosa was granted, with an effective date not specified.

The veteran's request for a waiver of recovery of an overpayment of VA disability pension benefits, originally calculated in the amount of $6,779.52, was denied because it was not timely filed within 180 days following the date of VA's notice of the indebtedness and right to request a waiver.

The Board determined that the appellant was at fault in creating the loan guaranty indebtedness and concluded that recovery of the debt would not be against the principle of equity and good conscience.

The appellant is entitled to improved death pension benefits for the initial annualization period from March 20, 1995, through March 31, 1996.

The Board has determined that the claim is well-grounded and granted service connection for emphysema as a result of asbestos exposure during active duty.