Other conditions decisions — 2000

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disability, finding that his service-connected left eye injury does not prevent him from engaging in substantially gainful employment.

The Board found that the veteran was solely at fault for not reporting his wife's income, leading to an overpayment of improved pension benefits. The Committee granted a waiver of recovery of this overpayment on the basis of equity and good conscience.

The Board has determined that the appellant is the surviving spouse of the veteran for VA death benefit purposes.

The VA denied an increased evaluation for the veteran's service-connected right middle finger condition, which is currently rated at 10 percent.

The Board has reopened the veteran's claim for service connection for leukemia due to new evidence submitted since the April 1994 RO denial. However, the claim remains not well-grounded as there is no competent medical evidence linking the current diagnosis of leukemia to service or exposure to herbicides.

The Board denied the appellant's request for a waiver of recovery of overpayment of Chapter 31 education benefits, finding no basis for waiving the debt due to fault on the appellant's part and lack of financial hardship.

The Board has determined that the veteran's claims for service connection for a nervous condition and a stomach condition are not well-grounded, as there is no competent medical evidence showing these conditions are related to service.

The VA determined that the veteran's service-connected bilateral patellofemoral syndrome does not warrant a compensable evaluation.

The Board found that the cause of the veteran's death was not related to herbicide exposure during service, and thus denied the claim for service connection.

The Board denied the veteran's request to reopen his claim for a nonservice-connected disability pension, finding that no new and material evidence had been submitted.

The Board has determined that the veteran does not meet the criteria for a compensable evaluation for his residuals of a nasal fracture.

The veteran's appeal is being remanded for additional development, including VA psychiatric and neurosurgical examinations to assess his mental health conditions and head injury residuals. The RO will also request all relevant medical records from the Battle Creek VA facility.

The veteran's appeal has been dismissed due to his death.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a chest disorder. However, the claim remains not well grounded as there is no competent medical evidence linking the current disability to his period of active service.

The VA denied the veteran's claim for a compensable rating for his heterotopic ossification of the left hamstring muscles, finding that it did not meet the criteria for such a rating.

The Board found no evidence or opinion indicating that the veteran's RAI treatment caused any of his claimed conditions, including a nerve disorder, respiratory disorder, and generalized swelling.

The Board found that the veteran's service-connected residuals of a laminectomy and diskectomy of L4-5 did not meet the criteria for a disability evaluation in excess of 40 percent, as there was no evidence of severe intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for additional disability resulting from bilateral hernia repair at a VA medical center in April 1993, finding no identifiable additional disability.

The RO determined that $200,000 from the FTCA settlement should be offset against DIC benefits due to the appellant. The decision is based on the nature of damages in the FTCA settlement and Michigan state law.

The Board denied the veteran's claim of entitlement to service connection for a right eye disorder, finding that there was no competent evidence linking his current right eye problems to service or any other established condition.