Other conditions decisions — 2000

The Board has denied the veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $6,268 due to sole administrative error.

The Board denied the veteran's claim for an increased rating for his service-connected subtotal gastric resection, currently evaluated at 40 percent. The predominant disability picture is reflected in DC 7308 for evaluation of postgastrectomy syndrome.

The Board found no competent medical evidence linking the appellant's current paroxysmal atrial fibrillation/tachycardia to his period of service or to any service-connected condition, including PTSD. The claim for service connection is therefore denied.

The Board has remanded the case for further development, including obtaining a certification from Dr. O. regarding the original diagnosis of Ehlers-Danlos syndrome and arranging for an examination by a suitably qualified physician to determine if the diagnosis was clearly erroneous.

The Board has granted a 60 percent rating for the veteran's service-connected back disability, which includes residuals of a laminectomy at L5-S1 with L4-L5 narrowing and traumatic degenerative changes. The highest schedular rating available under Diagnostic Codes (DC) 5293-5285 is 60 percent.

The Board has determined that recovery of the overpayment is against equity and good conscience due to financial hardship, thus granting the waiver.

The Board found that the claim of service connection for obsessive compulsive disorder is not well grounded because there was no evidence linking the condition to active duty, despite a history of alcohol abuse.

The veteran's service is not considered to be during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected pension.

The Board has reopened the veteran's claim for service connection due to new evidence provided by Dr. K.B., who stated that the veteran manifested early symptoms of Systemic Lupus Erythematosus as early as 1967 during his active military service.

The Board has determined that the veteran's onychomycosis, a fungal infection of the nails, had its onset during service and is therefore service-connected.

The Board found that the veteran's claim for compensation under 38 U.S.C.A. § 1151 was not well-grounded because there was no competent clinical evidence showing a causal connection between VA treatment and his left eye injury.

The veteran's chronic brain syndrome prior to April 1, 1999 was rated at 50 percent disabling. The RO reduced the evaluation from 50 percent to 30 percent effective April 1, 1999.

The Board denied the veteran's request for an effective date prior to February 23, 1996, for a 10% increased evaluation of his service-connected bilateral foot rash.

The Board denied the claim as there is no competent medical evidence of a diagnosis of spina bifida.

The Board found that the veteran's claim for service connection for post-operative residuals of a left varicocele was not well-grounded. The evidence did not show a pre-existing condition in service or any link between the current disability and service.

The Board of Veterans' Appeals found that the appellant's deceased husband did not have qualifying military service for VA benefits, and therefore denied her claim for entitlement to VA death pension benefits.

The Board found that the veteran's claim for payment or reimbursement of unauthorized private hospital care from January 27 to January 28, 1997 was denied because there was no evidence of an emergent medical condition and a VA facility was feasibly available. The veteran's participation in a vocational rehabilitation program under Chapter 31 did not meet the requirements for payment or reimbursement.

The Board denied waiver of a $968 overpayment of VA death pension benefits, finding that the appellant could afford to repay the debt without undue financial hardship.

The Board has remanded the case for further development and readjudication due to issues of increased ratings for left toe disorder and bilateral intertrigo.

The veteran is seeking service connection for a right eye disability, either due to an undiagnosed illness or as secondary to his already service-connected left eye disorder. The Board will consider both theories and determine the appropriate disposition.