Other conditions decisions — 2000

The Board found that the veteran's Charcot-Marie-Tooth disease was not incurred in or aggravated by service and may not be presumed to have been incurred in or aggravated by service.

The veteran's claim for an increased evaluation for his postoperative residuals of exploratory thoracotomy with resection of apical bleb and pleural scarification was denied because he failed to report for a necessary VA examination.

The Board denied the appellant's request for an effective date prior to October 1, 1996, for the payment of an apportionment of the veteran's improved disability pension benefits.

The Board has determined that the claim for service connection for residuals of a low back injury is not well grounded because there is no competent medical evidence to establish a nexus between the current diagnosed herniated disc, L5-S1 and the appellant's military service.

The Board found that the veteran's claim for service connection for right facial trauma was not well grounded. The claim for an increased evaluation of the left mandible fracture was granted with a 10% evaluation.

The Board denied service connection for sickle cell trait and status post bilateral fasciotomy due to lack of evidence showing aggravation during service.

The Board found that the appellant's discharge from service was under dishonorable conditions, which bars entitlement to VA benefits except for health care and related benefits.

The Board has determined that the claim for service connection for a ruptured intracerebral aneurysm is not well grounded and therefore denied.

The veteran's claim for service connection for varicose veins was denied as there is no competent medical evidence linking the condition to his military service.

The case is being remanded due to the submission of additional pertinent evidence and incomplete administrative folder. The appellant will be provided an opportunity to respond and all relevant documents will be reviewed.

The Board has denied the appellant's waiver requests for overpayments of educational assistance and work study benefits due to bad faith in accepting these benefits despite knowing he was not actively attending classes or completing his work obligations.

The veteran is seeking housebound benefits due to a service-connected psychiatric disorder (panic disorder) and claims agoraphobia. The VA needs to obtain updated medical records, including the March 2000 hospitalization summary, and schedule him for a VA psychiatric evaluation to determine if he has agoraphobia and its impact on his ability to leave his house.

The Board found that the evidence does not support a diagnosis of PTSD, and thus denied the claim for service connection.

The Board denied the veteran's claims for service connection for a left eye disability and refractive ametropia, as well as his claim for an increased evaluation for residuals of right hand injury. The decision found that the veteran did not present evidence to support these claims.

The Board denied the appellant's request for recoupment of his separation pay from VA disability compensation, finding that the law requires such recoupment.

The Board of Veterans' Appeals has determined that the appellant's claim for an earlier effective date for the grant of DIC benefits is denied. The effective date remains June 18, 1992.

The veteran's transient ischemic attacks are manifested by recurrent tinnitus, dizziness, and occasional staggering. The Board finds the evidence supports a disability rating of 30 percent for his condition.

The Board has determined that the veteran's claim for service connection for right breast cancer is not well grounded, and thus denied.

The veteran is entitled to a waiver of recovery of the overpayment due to his lack of fault in creating the debt and the need for undue financial hardship.

The VA determined that the veteran's patella femoral pain syndrome did not warrant a compensable evaluation for either knee, as there was no evidence of instability or arthritis.