Other conditions decisions — 2000

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting the veteran's waiver request.

The veteran's request for educational assistance benefits under Chapter 34, Title 38, United States Code, pursuant to the terms of the Pacheco Consent Order was denied because it was not filed in a timely manner.

The Board finds that the veteran's back injury and dizziness and disorientation are not related to service.,The Board also finds that the leg pain is not related to service.

The VA denied a compensable evaluation for the veteran's service-connected blurred vision as a result of a shell fragment wound to the forehead, citing that his visual acuity was no worse than 20/25 in both eyes.

The veteran's service-connected right chest shell fragment wound residuals are currently evaluated at 20 percent, and the claim for an increased evaluation is denied.

The Board denied the claim for service connection for a right calf muscle disorder due to an undiagnosed illness as a result of service during the Persian Gulf War, finding that the claim was not well grounded.

The Board denied the veteran's claim for service connection for missing teeth, as there was no evidence of in-service dental trauma or treatment. The claim is not well-grounded.

The veteran's claim for special monthly pension was denied as he failed to report for a scheduled VA examination without good cause.

The Board has granted the appellant's request for an apportionment of the veteran's VA benefits in the amount of $150 monthly on behalf of their dependent children, J. and K., due to financial hardship.

The case has been remanded for further development and readjudication due to the appellant's contentions regarding the validity of the loan guaranty indebtedness, including his arguments about the foreclosure proceedings and procedures used.

The Board has granted a 40 percent rating for the veteran's service-connected herniated nucleus pulposus of L4-5, effective from March 1, 1993.

The veteran's claim of service connection for a skin disorder was denied due to failure to report for a VA examination.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error due to the Court's vacating and remanding the original decision.

The veteran's appeal is dismissed due to the death of the appellant.

The Board found no competent medical evidence to show that the veteran's hiatal hernia with reflux esophagitis is attributable to service.

The Board has determined that the veteran's post-operative residuals of a herniated nucleus pulposus warrant a 60 percent evaluation, as this condition is characterized by severe intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and demonstrable muscle spasms.

The veteran's claim for a rating in excess of 20 percent for Epstein-Barr viral infection (EBV) from June 20, 1994, to October 31, 1997, was denied. The evaluation for the veteran's EBV was reduced from 20 percent to noncompensable.

The Board denied the veteran's claims for service connection and an increased rating, finding that his current conditions were not due to or the proximate result of service-connected disability.

The Board has granted an increased initial rating of 70 percent for the veteran's service-connected post traumatic stress disorder, effective from May 1994.

The veteran's claim for a clothing allowance was denied because he does not meet the eligibility criteria as his right great toe disability is currently evaluated as 10 percent disabling and there are no indications that it results in the loss of use of the right foot.