Other conditions decisions — 2000

The veteran's claim for an increased rating for his service-connected right knee disorder is remanded due to the need for additional examination and evaluation. The issue of secondary service connection for arthritis of the right ankle remains referred to the RO.

The Board denied the veteran's request for waiver of recovery of a $8,937 overpayment due to bad faith in not reporting additional income.

The Board of Veterans' Appeals (Board) found that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for VA benefits.

The Board denied the veteran's claim for basic eligibility for nonservice-connected pension benefits due to a lack of qualifying active duty service.

The Board found that new and material evidence had not been submitted to reopen the claim for the revocation of the forfeiture of VA benefits. The appellant's statements regarding her poor health, as well as the death certificates in support thereof, were deemed insufficient to be considered new and material.

The veteran's widow is not eligible for nonservice-connected death pension benefits due to her income exceeding the maximum annual pension rate.

The veteran died of nonservice-connected causes and was not receiving VA benefits at the time of his death, so he is not eligible for VA burial benefits.

The Board has granted a rating of 10 percent for service-connected status post fracture of the coccyx. The ratings for gastritis secondary to non steroidal anti-inflammatory drugs and myofascial pain syndrome remain unchanged.

The veteran's claim for payment of unauthorized medical expenses incurred as a result of unauthorized private treatment rendered beginning December 2, 1998 is denied because the claim is not well-grounded.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the veteran's porphyria cutanea tarda was not incurred in service and may not be presumed to have been incurred due to exposure to herbicides, as there is no evidence showing it became manifest within one year of his last date of herbicide exposure. The medical opinions were against a connection between the disease and the veteran's Vietnam-era service.

The Board has remanded the case due to insufficient evidence and need for further examination.

The Board found that the veteran did not sustain a left jaw injury in service and denied his claim for service connection for a left jaw disability.

The Board has determined that there is no evidence of a right abdominal muscle herniation in service and the claimant does not have current residuals. Therefore, the claim for service connection is denied.

The Board found that the appellant's post-service cerebral hemorrhage is not related to his in-service arteriovenous malformation or other conditions, and denied service connection for residuals of cerebral vascular accident.

The veteran did not have a pending claim for VA benefits at the time of his death, and no unpaid benefits were due. Therefore, accrued benefits are denied.

The VA has granted service connection for PTSD and assigned a 50 percent evaluation effective February 10, 1997. The veteran's PTSD results in considerable industrial and social impairment.

The Board found that the veteran's death was not caused by or aggravated by VA hospitalization, medical, or surgical treatment.

The veteran's service-connected keratosis of the forearms, parietal area, right thigh, and other areas is currently rated at 10 percent. The RO has granted a rating increase to reflect this condition.

The Board found that the veteran's fault in creating the VA home loan guaranty indebtedness was significant, but also considered mitigating factors such as his efforts to transfer the property. The decision granted a partial waiver of the debt, leaving the remainder unpaid.