Other conditions decisions — 2000

The Board denied a compensable disability evaluation for the service-connected recurrent left spontaneous pneumothorax, finding that there was no evidence of current impairment warranting a higher rating.

The Board of Veterans' Appeals (BVA) has denied the appellant's claim for unnegotiated benefits due to a lack of heirs competent to inherit the benefit and because the appellant is not shown as the authorized executor or administrator of the veteran's estate. The appeal was remanded multiple times, but no response was received from potential heirs or the appellant.

The Board found the appellant's claim for service connection on a radiation basis for the cause of the veteran's death not well grounded and denied it.

The Board denied the appellant's request for waiver of recovery of overpayment of VA death pension benefits, finding fault on her part and unjust enrichment to the Government.

The Board has granted a 30 percent rating for the veteran's service-connected compression fracture of the body of C5, which is the highest schedular rating available under current VA regulations.

The veteran's claim for PTSD was denied. The VA granted a higher disability evaluation of 40 percent for his herniated nucleus pulposus at L4 and L5, effective from December 1, 1993.

The Board has determined that the veteran's postoperative residuals of anal fistula with rectal and anal deformity are not service-connected, as there is no evidence linking this condition to his active duty. The claim for an increased evaluation for gastritis was also denied.

The veteran's claim for an increased evaluation of his service-connected right knee disorder is being remanded due to insufficient medical evidence and the need for a new VA examination.

The Board has determined that the veteran's service-connected chondromalacia patella of both knees warrants a separate 10 percent evaluation for each knee, as there is no evidence of moderate instability or subluxation warranting a higher rating.

The Board has reopened the veteran's claim for service connection for frozen feet and determined it is well-grounded. The case is being remanded to obtain medical records and conduct a special foot examination by a panel of physicians.

The veteran's appeal is dismissed due to his death.

The Board has granted service connection for a skin disorder due to an undiagnosed illness and assigned a 20 percent rating for joint and muscle pain, headaches, and a sleep disturbance. The veteran's representative requested consideration of the issue of entitlement to an earlier effective date for a 30 percent rating for post-traumatic stress disorder, which is referred to the RO.

The Board found that the appellant's claims for service connection for pain and weakness in joints, and abdominal pain are not well grounded due to lack of objective indications of chronic disability attributable to undiagnosed illness.

The Board dismissed the issue of whether the termination of the veteran's improved pension benefits effective in February 1989 was proper. The Board denied the claim for a waiver of recovery of an overpayment of VA improved pension benefits in the amount of $28,572.10.

The Board denied the appellant's request for a waiver of recovery of an overpayment in her VA improved death pension benefits, finding that her actions constituted misrepresentation and willful failure to disclose income.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence linking his lung cancer to service or any disease he incurred during his active military service.

The Board has denied the veteran's claim for an increased evaluation for her duodenal ulcer and hiatal hernia, finding that the predominant disability is the hiatal hernia with gastroesophageal reflux. The evidence does not support a higher rating based on this condition.

The Board has granted a 60 percent evaluation for the veteran's status post herniated nucleus pulposus at L5-S1 left, with free fragmentation and bulging disc at L4-5 left without nerve root compression.

The Board dismissed the veteran's claims because he did not file a timely Substantive Appeal within the required 60-day period.

The Board found that the veteran's injuries were not incurred in the line of duty due to his own willful misconduct, and thus denied service connection for residuals of the November 1990 motor vehicle accident.