Other conditions decisions — 2000

The VA has determined that the veteran's right foot hallux valgus with residuals of a fractured third metatarsal does not warrant an evaluation higher than 10 percent.

The Board found that the appellant's income exceeded the statutory limit for Section 306 pension benefits, leading to their termination effective January 1, 1993.

The veteran's claim for nonservice-connected pension benefits is denied as he does not meet the basic eligibility requirements due to nonqualifying service.

The Board found that the veteran's incomplete quadriplegia at C6 was not caused by VA medical care and denied benefits under 38 U.S.C.A. § 1151.

The veteran's spondylolisthesis L5-S1, status post laminectomy and fusion, was rated at 40 percent prior to convalescence from December 1992 surgery. After the period of convalescence, the rating is not in excess of 40 percent.

The Board denied the appellant's request for a waiver of overpayment of pension benefits, finding that his failure to accurately report income was due to bad faith and thus precluded waiver.

The Board has determined that there is competent medical evidence suggesting a retained metallic fragment in the veteran's right calf, which he claims is a residual of a shell fragment wound sustained during service. The claim for service connection is granted.

The Board has determined that the veteran's left-sided orchialgia with indirect inguinal hernia does not meet the criteria for a compensable evaluation under VA rating criteria.

The veteran's claims for financial assistance in acquiring specially adapted housing or special home adaptations and purchasing a specially adapted automobile are denied as his service-connected disability does not meet the eligibility criteria.

The Board found that the veteran's skull loss and organic brain syndrome do not warrant increased ratings as they do not meet the criteria for higher evaluations under applicable rating criteria.

The Board denied the claim of service connection for the cause of the veteran's death due to a lack of competent medical evidence linking the cause of death to military service or to a service-connected disability.

The Board denied the veteran's claims for service connection for carcinoma of the lower lip and emphysema, both claimed as secondary to tobacco use in service. The decision found no competent medical evidence linking these conditions to service or nicotine addiction acquired during service.

The Board has determined that the veteran's claims for service connection for right testicle removal due to carcinoma and soft tissue sarcoma are not well grounded, as there is no competent medical evidence linking these conditions to his period of active duty or to exposure to Agent Orange.

The veteran's claim of service connection for chronic lymphocytic leukemia due to in-service exposure to ionizing radiation is granted.

The Board found that the September 1992 rating decision, which assigned a 30 percent rating for residuals of a shell fragment wound to the right forearm based on Muscle Group VII injury, did not involve clear and unmistakable error (CUE).

The veteran's claim for reimbursement of medical expenses incurred from November 24, 1997 through December 1, 1997 at Roane General Hospital was denied because VA facilities were feasibly available to treat his condition.

The Board denied the veteran's claims of service connection for nicotine dependence, pulmonary disease, gastrointestinal disease, and oral disease as due to nicotine dependence because there was no competent medical evidence linking these conditions to service or nicotine dependence.

The Board denied service connection for visual impairment of the left eye due to injury and disease, as well as scarring to the left side of the face. The evidence was in equipoise regarding the claim for scarring to the left side of the face.

The Board has determined that recovery of the overpayment is against equity and good conscience, thus waiving the recovery of $8,032 in Section 306 pension benefits.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under Chapter 30 due to lack of qualifying service.