Other conditions decisions — 2000

The Board has determined that the appellee is entitled to an apportionment of the veteran's VA disability compensation in the amount of $34.00 per month on behalf of the veteran's two minor children by appellee.

The Board has denied a claim for an increased evaluation for post-operative residuals of a right inguinal hernia, finding that the current 30 percent rating adequately reflects the veteran's disability.

The veteran's spouse is not eligible for dependents' educational assistance because she is the surviving spouse of a Philippine Commonwealth Army or Philippine Scout, and does not meet the eligibility criteria under 38 U.S.C.A. Chapter 35.

The Board denied an increased evaluation for residuals of a gunshot wound of the right elbow and humerus with nerve damage to all radicular nerve groups, and medial and ulnar nerves. The claim for special monthly compensation based on loss of use of the right hand was also denied.

The veteran's appeal is for an increased rating for her service-connected right foot disability, which includes a stress fracture of the second metatarsal and removal of a neuroma. The RO has requested further examination to determine the current severity of these conditions.

The veteran's claims for increased ratings of his service-connected disabilities have been granted, with the exception of the third issue which requires additional development.

The Board has determined that the veteran's Bietti's crystalline retinal dystrophy with loss of peripheral and night vision was incurred as an active disease entity during military service, thus granting service connection.

The Board found that the veteran's service-connected delusional disorder, which is currently rated at 50 percent disabling, does not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's claim for an increased disability evaluation for his service-connected chondromalacia patella, left knee. The evidence showed moderate impairment with recurrent subluxation or lateral instability but no more than that.

The Board denied the veteran's claim for an effective date earlier than February 26, 1992 for a 100% rating for Crohn's disease.

The Board denied the veteran's claims for service connection for residuals of a neck injury, hearing loss, and tinnitus. The claim for fungal infection was previously denied and not reopened.

The Board found that the current 20 percent evaluation for back pain syndrome, with injury, by history, does not accurately reflect the severity of the veteran's disability.

The Board has denied the veteran's request for a waiver of recovery of the loan guaranty indebtedness in the amount of $10,282.16, plus accrued interest due to fault on the part of the veteran and lack of undue hardship.

The veteran's post-operative residuals of fracture of the right first metacarpal are currently manifested by complaints of pain with marked laxity of supportive ligaments, decreased capability of gripping, weak or nonexistent pinches, and minimally decreased sensation in the thumb. The current evaluation is appropriate based on these findings.

The Board has granted increased ratings of 30 percent for calluses on the sole of both feet, effective from January 4, 1995.

The Board found no evidence of a superimposed injury or disease in service that aggravated the veteran's pre-existing bilateral eye disorders, including myopia and astigmatism. Therefore, the claim for service connection is denied.

The veteran's diagnosed histoplasmosis was found to have originated during active service, and the Board granted service connection for this condition.

The Board affirmed the RO's reduction of the veteran's disability rating for Crohn's disease from 100 percent to 60 percent, effective March 1, 1984. The veteran appealed this decision and the Board upheld it in January 1985.

The veteran's varicose veins of the left lower extremity were rated at 10 percent effective June 2, 1993. The RO increased the rating to 40 percent effective March 13, 1998.

The Board has determined that the veteran's death was due to mental unsoundness incurred during active duty, and service connection for the cause of death is granted.