Other conditions decisions — 2000

The Board found that repayment of the overpayment would not be against the principles of equity and good conscience, thus denying the claim for waiver.

The Board has granted service connection for a back disorder and assigned a 20% evaluation effective October 10, 2000. The claim of entitlement to service connection for pain in the left lower side was also granted.

The Board found the appellant eligible for payment of attorney fees from past-due benefits based on a stipulated agreement specifying an effective date of April 1, 1995, for the award of DIC. The VA will pay 20 percent of the past-due benefits awarded to the appellant.

The veteran's service-connected residuals of a stress fracture of the right leg are currently manifested by slight disability with tenderness at the distal third of the right tibia, and is rated 10 percent disabling.,Prior to July 12, 1999, there was no significant objective evidence of left leg disability. As of July 12, 1999, the veteran's service-connected residuals of a stress fracture of the left leg are manifested by slight disability with tenderness at the proximal third of the left tibia and is rated 10 percent disabling.

The veteran's claims for service connection are being remanded to the RO for review of additional evidence submitted since his October 1999 hearing.

The Board determined that new and material evidence had not been submitted to reopen the claim of service connection for a right elbow disorder, resulting in a denial.

The Board found that the veteran's claim of entitlement to service connection for a right foot disorder, claimed as a cyst and/or inward bowing of the tendo-Achilles was not well-grounded due to lack of evidence of a current disability.

The Board denied the claim for VA improved death pension benefits as the children's countable annual income exceeded the applicable maximum annual pension rate from 1995 to 1999.

The Board has determined that the veteran's claims for service connection for residuals of meningitis and disability manifested by lower back pain are not well grounded, as there is no competent evidence showing current disabilities related to service.

The veteran's application for an extension of his basic delimiting date for receiving educational assistance benefits under Chapter 34, Title 38, United States Code was not timely filed and therefore denied.

The Board denied an increased rating for the veteran's service-connected residuals of a gunshot wound to the pleural cavity, finding no current evidence supporting a higher evaluation.

The veteran's appeal regarding the apportionment of his VA compensation benefits for his minor children was dismissed as untimely.

The Board has reopened the veteran's claim of service connection for a skin disorder due to new evidence submitted showing treatment in service. However, there is no medical evidence linking the current condition to the previously treated condition.

The Board denied the veteran's claim for an effective date prior to November 15, 1991 for service connection of his ankylosing spondylitis. The RO assigned an effective date of November 15, 1991 based on a reopened claim and granted service connection in May 1995.

The veteran's claim for improved disability pension benefits was denied because his family income exceeded the maximum permitted.

The Board has denied the claim as there is no competent medical evidence showing a current left eye disability or linking it to service.

The Board denied the veteran's request for waiver of recovery of an overpayment of Section 306 pension benefits, finding that he was solely at fault in creating the debt due to underreporting his family's income.

The Board has determined that the veteran's oat cell carcinoma of the lung is service-connected due to exposure to Agent Orange during his military service, with the presumptive period for respiratory cancers ending on January 29, 1967.

The Board has reopened the veteran's claim for service connection for residuals of a closed head injury and granted service connection based on new evidence presented.

The Board has granted a 20% evaluation for the veteran's traumatic arthritis of both ankles, finding that there is marked limitation of motion in each ankle.