Other conditions decisions — 2000

The Board found that the veteran's preexisting heart murmur was not aggravated by service and concluded that it is a congenital defect for which service connection may not be granted.

The Board granted an increased rating of 20 percent for the residuals of grenade fragment wounds to the right thigh and leg, Muscle Groups XI and XIV. The claim for a compensable rating for the left index finger felon was also granted.

The Board has granted a 50% evaluation for the veteran's post-operative residuals of a fractured right femur, including trochanteric bursitis and traumatic arthritis. The disability is rated under the criteria for muscle injuries (Diagnostic Code 5317).

The veteran's appeal for an increased rating for his service-connected gunshot wound to the right hand and forearm was denied by the Board of Veterans' Appeals.

The Board denied an increased evaluation for the veteran's service-connected discogenic disease, L5-S1, with spondylolisthesis in September 1985. The decision is now being reviewed to determine if it was clearly and unmistakably erroneous.

The Board found that the veteran's claim for an increased rating for his service-connected psychological symptoms affecting tachycardia was not well-grounded. The claim of secondary service connection for a bilateral leg disorder manifested by hip locking and weakness of the legs is also denied as there is no competent medical evidence establishing a causal relationship between the current disability and the service-connected condition.

The Board found that the appellant's claim for service connection for the cause of her husband's death, including eligibility for educational assistance benefits under Chapter 35, was not well-grounded. The evidence did not establish a medical nexus between the veteran's sarcoma and herbicide exposure in Vietnam or any other service-connected condition to his death.

The veteran's claim for an earlier effective date for a 60 percent evaluation for his service-connected discogenic disease, L5-S1, with spondylolisthesis was denied by the Board.

The veteran's nasal polyposis caused marked interference with breathing space from May 1, 1994, through May 17, 1994. From May 18, 1994, the condition has not resulted in any compensable impairment.

The veteran is seeking service connection for a stomach ulcer, but the RO needs to obtain his service medical records and any additional treatment records to make an informed decision.

The Board found that the veteran's service-connected psychiatric disability did not contribute substantially or materially to his death.,There is no medical evidence linking the veteran's service-connected psychiatric disability to his cause of death, chronic obstructive pulmonary disease.

The veteran's overpayment of improved pension benefits was denied due to his failure to report unearned interest income, which resulted in the creation of an overpayment. The RO's Committee on Waivers and Compromises found that recovery would not be against equity and good conscience.

The veteran's post-cessation residuals of prostate cancer are rated at a 40 percent disability rating, effective from November 1, 1998.

The Board found that the cause of the veteran's death was blunt force injuries sustained in a motor vehicle collision, and there is no medical evidence linking this to his service-connected Marie-Strumpell ankylosing spondylitis. The claim is denied.

The Board denied service connection for the cause of the veteran's death, finding that the diseases causing his death were not incurred in or aggravated by service and could not be presumed to have been so incurred.

The Board of Veterans' Appeals (Board) has decided that the veteran's claim for service connection for osteoporosis is denied, but acknowledges conflicting medical opinions and requests additional information from private physicians to clarify their views.

The Board found that the veteran was at fault in creating the overpayment and granted a partial waiver of $4,283. The remaining amount would not be waived due to financial hardship.

The veteran's request for a waiver of recovery of an overpayment in excess of $7,000 in VA improved disability pension benefits was denied because it was not made within the required 180-day period.

The Board denied service connection for residuals of a gunshot wound to the right temple and residuals of a shell fragment wound to the left eye, finding that there was no credible evidence of such injuries during active duty in Vietnam.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current respiratory disorder is not related to his military service.