Other conditions decisions — 2000

The veteran's dysthymic disorder, claimed as insomnia, fatigue, lethargy, and an empty feeling, is not service-connected due to lack of evidence showing a nexus between the condition and his military service.,The veteran's skin disorder was not service-connected because there is no medical evidence linking it to his period of active duty.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 as his right ear disorder is not shown to be related to VA treatment in February 1980.

The Board found that the veteran's failure to report his estranged wife's income was at fault in creating the overpayment. The Board determined that recovery of the $34,547 would not be against equity and good conscience due to the veteran having sufficient monthly income to cover basic necessities.

The Board denied the veteran's claims for service connection for the cause of his death, Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 for the cause of his death, and eligibility for Dependent's Educational Assistance due to a lack of competent evidence linking the cause of death to service or any service-connected disability.

The Board found that the overpayment of Section 306 pension benefits was properly created due to unreported employment income. The appellant's failure to report her full income led to a $7,623 overpayment. Recovery would not be against equity and good conscience as it would not deprive the appellant of basic necessities or defeat the purpose of the benefit.

The Board found that there is no competent medical evidence to support the appellant's claims for service connection for the cause of the veteran's death and compensation under 38 U.S.C.A. § 1151, as well as denial of DIC benefits due to lack of a service-connected disability at the time of the veteran's death.

The Board of Veterans' Appeals has determined that the veteran's April 11, 1997 surgery for anterior cruciate ligament reconstruction did not result in continued use of a wheelchair or crutches, incompletely healed surgical wounds, a stump of a recent amputation, therapeutic immobilization of one major joint, application of a body cast, or otherwise necessitate convalescence beyond May 31, 1997. Therefore, the veteran's claim for an extension of a temporary total rating is denied.

The Board denied the veteran's request for an earlier effective date for his nonservice-connected pension benefits and special monthly pension for regular aid and attendance, finding that no retroactive benefits prior to February 27, 1998 were proper due to the veteran's inability to apply for such benefits.

The Board has reopened the claim for service connection for post-operative removal of left testicle, claimed as loss of left testicle due to new evidence submitted since the prior final denial. The Board finds that the veteran's groin injury did not cause or contribute to his current condition.

The Board has granted service connection for bladder outlet obstruction and a compensable evaluation for ureterolithiasis, effective from April 4, 1996. The veteran's claims are well-grounded as they address the proper effective date for his service-connected conditions.

The veteran is requesting an increased rating for proctitis, which is currently rated at 10 percent. The VA has requested additional medical records and a new examination to determine the current level of impairment.

The Board found that the veteran's claim for service connection for Lyme disease is well-grounded, but denied it due to insufficient evidence of current disability and a lack of proof of a present diagnosis.

The Board found no new and material evidence to reopen the veteran's claim for service connection for a chronic skin disorder of the hands and feet with deformed toenails and groin-area boils, as the evidence did not support a causal link between his current condition and his military service.

The Board denied the appellant's claims for increased ratings for his service-connected phlebitis of the right leg and left leg, finding that the evidence did not meet the criteria for a higher rating under either the old or revised Diagnostic Code 7121.

The veteran's claim for service connection for post-operative status traumatic cataract of the left eye is being remanded due to incomplete records and further development is needed.

The veteran's right ankle disability is shown by medical evidence to be productive of symptoms of limitation of motion, pain, and mild tenderness, which are not shown to cause more than a moderate ankle disability. The schedular criteria for a disability rating in excess of 20 percent for the right ankle disability have not been met.

The veteran's claim for additional compensation based on special consideration for disability of paired extremities (loss of use of both hands) is denied as the evidence does not establish that he has loss of use of his left hand.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO found that the residuals of shell fragment wounds to various body parts did not warrant an evaluation in excess of the current ratings.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for an increased rating for his service-connected status post tonsillectomy. The case is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA otolaryngology examination.

The Board has determined that the veteran's ureteral calculi do not meet the criteria for a higher rating, as they only produce occasional attacks of colic without requiring frequent invasive or non-invasive procedures.