Other conditions decisions — 2000

The Board found that the submitted evidence did not establish a current sinus condition or gallbladder condition, and thus denied reopening of the claims for service connection.

The Board found that the veteran's right ankle disability did not improve enough to warrant a reduction from 20% to 10%, and granted restoration of his 20% rating. The dental issues were not addressed as they are considered 'unknown' due to insufficient evidence.

The Board has found the appellant's claim well grounded and requires further development to determine if his left eye problems are related to service, including exposure to toxic gases.

The Board has determined that the veteran's service-connected bursitis of the left hip does not warrant a rating greater than 10 percent.

The veteran's cognitive disorder and mood disorder are rated at 50 percent, while the thoracic strain with degenerative changes remains at 10 percent. The issues regarding service connection for head trauma residuals and increased rating for dysthymic disorder have been resolved.

The Board denied the veteran's claim for an effective date prior to February 27, 1990 for a permanent and total disability rating for pension purposes. The decision stated that the requirements for retroactive pension benefits under 38 C.F.R. § 3.151 and 3.400(b)(1)(ii)(B) were not met.

The Board denied an increased evaluation for the veteran's service-connected residuals of a left navicular fracture and median nerve damage, finding that these conditions do not warrant a higher rating. The claim seeking compensation under 38 U.S.C.A. § 1151 for a depressive psychosis disorder is still pending.

The Board denied restoration of VA home loan guaranty benefits due to the veteran's failure to pay off an indebtedness of nearly $36,000 stemming from his default on a mortgage. The loss was not waived by VA.

The Board denied the waiver of recovery of loan guaranty indebtedness due to misrepresentation by the appellant, which precluded consideration under the standard of equity and good conscience.

The Board dismissed the matter as it is not within its jurisdiction to decide eligibility for direct payment of a fee from past-due benefits.

The Board has determined that the veteran's duodenal ulcer with vagotomy and hiatal hernia warrants a 40 percent disability rating, reflecting his persistent symptoms including substernal pain and anemia.

The VA Board of Veterans' Appeals found that the veteran does not have a pulmonary disorder related to active duty service and denied his claim.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of a right tibia and fibula fracture with tender callus formation, finding that his disability does not meet or approximate criteria warranting higher ratings.

The Board denied the veteran's application to reopen his previously denied claim of service connection for arthritis, finding that no new and material evidence had been presented.

The veteran's service-connected compression fracture of L-1 is currently manifested by x-ray evidence of a well-healed fracture, with functional loss due to pain resulting in no more than moderate limitation of motion. The criteria for entitlement to a rating in excess of 30 percent have not been met.

The Board has denied the veteran's claim for an increased rating for his service-connected residuals of spontaneous pneumothorax, currently rated at 10 percent.

The Board denied the veteran's claims of entitlement to service connection for a bilateral foot disorder and bilateral achillobursitis. The VA examiner found no current evidence of achillobursitis, but did not address whether any pre-existing foot disorder was aggravated by service.

The Board determined that the veteran's death was not caused by a service-connected disability, and denied both his claim for service connection for the cause of death and his DIC claim under 38 U.S.C.A. § 1151.

The veteran's increased symptoms related to the back, left leg, and left foot are attributed to the natural progression of his pre-existing conditions rather than the July 1990 surgery.

The Board has determined that the residuals of SFW to the right distal tibia warrant a 20 percent rating, as it meets the criteria for a 'moderately severe' muscle disability.