Other conditions decisions — 2000

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the veteran's request for waiver of recovery of the overpayment of improved pension benefits was not precluded by a finding of fraud, misrepresentation or bad faith. The decision is pending further development and review.

The Board has determined that the appellant's claim of service connection for arthritis of both hands is well grounded and has been granted.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as she did not meet the basic eligibility criteria.

The Board has determined that the veteran's claim of entitlement to service connection for coronary disease is not well grounded because there is no competent medical evidence linking his current condition to his active or inactive duty training.

The Board found that there is no evidence linking the appellant's current hiatal hernia and diverticula of the colon to his service, including any exposure in Southwest Asia. The claims are therefore denied.

The Board denied the claim for service connection for the cause of the veteran's death due to metastatic colon cancer, finding that there was no evidence linking this condition to service or a service-connected disability.

The veteran's claim for an increased rating for his service-connected laminectomy defect at L5-S1 with decreased disc space at L5-S1 was granted, and he is currently receiving a 10 percent evaluation.

The Board denied the motion to revise or reverse the March 1998 decision on grounds of clear and unmistakable error, as it was affirmed by the Court in September 1999.

The Board denied the veteran's claim for an increased rating for postoperative residuals of a right hydrocele, finding that his current complaints were not related to his service-connected condition and no disability caused by the scar was shown.

The Board denied the veteran's claims for service connection for liver condition, skin tumors, and multiple myeloma, all claimed as secondary to exposure to Agent Orange or other herbicides, due to lack of competent medical evidence connecting these conditions to his military service.

The Board finds that the veteran's claim for service connection for a gunshot wound to the back is denied as there is no competent evidence of such injury in service.

The Board denied the appellant's request for an earlier effective date of June 15, 1998, for DIC benefits and determination of basic eligibility for dependents' educational assistance.

The veteran's claim for service connection for left leg disability, including the residuals of a fractured left tibia and fibula and osteomyelitis, has been previously denied. The RO failed to obtain pertinent service medical records during active duty, specifically reports of treatment at Cincinnati VA hospital in December 1975 and other hospitals from January 1976 onwards. The Board is remanding the case for further development.

The Board has determined that the veteran's service-connected herpes simplex of the right eye warrants a compensable evaluation, resolving his claim in his favor.

The veteran's surviving spouse has met the criteria for improved death pension benefits, as her income is below the maximum annual rate and she qualifies due to unreimbursed medical expenses.

The Board has ordered a remand due to the need for additional medical examination and review of all relevant records, including pre-service and service medical records.

The veteran's claim of service connection for myotonic dystrophy, claimed as secondary to herbicide exposure, is denied.

The Board denied the veteran's claim for recognition as a prisoner of war (POW) for purposes of qualifying for presumptive provisions of Public Laws 97-37 and 101-322, finding that the period of claimed POW status was prior to the time the service department has verified that the veteran had recognized service.

The veteran's claim of entitlement to service connection for a dental condition is granted as the evidence supports that it is related to his time in service.