Other conditions decisions — 2000

The Board has reopened the veteran's claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $32,725.53 due to new and material evidence submitted. The decision also grants the veteran's request to waive recovery of a separate overpayment of $100, finding that it would cause undue hardship.

The Board has determined that the veteran's service-connected residuals of an appendectomy and right ureteral (urethral) calculus do not meet the criteria for a higher rating under the applicable diagnostic codes. The veteran's appendectomy scar is rated at the maximum allowable, and his current condition does not warrant a higher evaluation based on functional impairment or other factors. For the right ureteral calculus, the Board finds that the evidence does not support a finding of recurrent stone formation requiring more than two invasive or noninvasive procedures per year, which would allow for a higher rating under Diagnostic Code 7508.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for a lung disorder is not well-grounded, and therefore denied.

The Board has determined that the veteran's claim for service connection for cardiovascular disability is not well-grounded and therefore denied.

The Board has determined that the veteran's claim of service connection for an ear disability is not well grounded and therefore denied.

The Board has granted service connection for dysthymia and arthritis of the left knee with limitation of motion, but is remanding the issues regarding propriety of initial ratings.

The Board found that the veteran's Bell's palsy warrants a current 10 percent disability rating, as it consists of 'moderate' residuals.

The Board denied the veteran's claim for service connection for porphyria cutanea tarda (PCT) as a result of exposure to herbicides due to lack of evidence showing PCT during service or within one year after service, and no medical opinion linking the condition to service.

The Board denied the motion for revision of its August 1997 decision on the grounds of CUE, as the Court had already affirmed the Board's decision.

The Board denied the veteran's claim for an earlier effective date for service connection of a skin disorder, finding that the original denial became final and that the most recent claim to reopen was received on April 28, 1997.

The veteran's overpayment of VA improved pension benefits was not due to fraud, misrepresentation or bad faith. However, recovery would be against equity and good conscience as the veteran did not intentionally create the debt and there is no indication that he would suffer undue financial hardship.

The appellant withdrew his appeal prior to the Board's decision.

The Board denied the veteran's request for a waiver of his loan guaranty indebtedness, finding that recovery would not be against equity and good conscience due to the property loss but also noting the veteran's current financial situation.

The veteran's appeal is dismissed due to the death of the veteran, and all previous decisions are vacated.

The Board has determined that recovery of the remaining loan guaranty indebtedness in the amount of $12,505.00 is not against equity and good conscience.

The Board found that the veteran's residuals of fracture to the right third and fourth metacarpal bones do not more nearly approximate unfavorable ankylosis, thus denying a higher evaluation.

The VA has determined that the veteran's dysthymic disorder does not warrant a rating in excess of 30 percent, as it only results in definite impairment in establishing or maintaining effective relationships and industrial impairment.

The Board granted service connection for the cause of the veteran's death, and past-due benefits were awarded to the claimant. The attorney is eligible for payment from these past-due benefits.

The Board denied the veteran's claims for service connection for additional left eye disability including conjunctivitis, sick eye, virus and herpetic keratitis syndrome. The claim of entitlement to an increased evaluation for residuals of shell fragment wound of the left eye was granted with a 10 percent rating effective from August 22, 1989.

The Board of Veterans' Appeals has denied the claim for service connection for the cause of the veteran's death due to exposure to Agent Orange, as there is no medical evidence linking the cause of death (oral pharyngeal carcinoma with local metastasis) to military service or any incident thereof.