Other conditions decisions — 2000

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for necrotizing fasciitis due to treatment at a VA facility, finding that there is no competent medical evidence showing that the veteran incurred additional disability as a result of such treatment.

The Board denied service connection for the cause of the veteran's death due to conflicting medical opinions regarding whether his fatal illnesses were caused by his mustard gas exposure in service. The preponderance of evidence did not support a finding that the service-connected disabilities contributed to his death.

The Board found that the appellant's claim for service connection for PTSD was not well-grounded due to a lack of credible supporting evidence of the claimed stressors. The appellant did not engage in combat with the enemy and provided insufficient details about his alleged inservice stressors.

The VA determined that the veteran's service-connected adenocarcinoma of the right middle lung does not warrant a compensable evaluation, as there are no demonstrable residuals from the condition or surgery.

The Board found that terminating the appellant's apportionment award of the veteran's nonservice-connected disability pension benefits was proper due to hardship on the veteran and undue hardship caused by an apportionment.

The Board found that the reduction in rating from 20 percent to 10 percent for residuals of a right (major) distal radius fracture with myofascitis pain syndrome was not warranted, as it did not consider all applicable rating criteria.

The Board denied an initial rating in excess of 10 percent for subluxation, left knee, status post surgical repair with degenerative changes.

The Board has denied an increased evaluation for a strain of the pelvic area, finding that the veteran's disability is manifested by noncompensable limitation of motion and painful motion of the hips.

The Board has granted a waiver of recovery for the overpayment of Educational Subsistence Allowance under Chapter 31, in the amount of $1,582.13 due to the veteran's financial hardship and lack of fault.

The Board denied the claim of service connection for photosensitivity and porphyria cutanea tarda, finding that there was no evidence to support a well-grounded claim.

The Board has determined that the veteran's thrombophlebitis of the right leg does not meet or approximate the criteria for a rating in excess of 40 percent.

The veteran's claims for retroperitoneal fibrosis and an increased evaluation for his back disability were denied by the Board in October 1975. The effective date of these awards is April 5, 1989.

The VA determined that the veteran's back and neck disabilities were not incurred or aggravated by service, nor can they be presumed to have occurred due to his military service. The Board found insufficient evidence linking these conditions to his period of active duty.

The Board denied the veteran's claim to reopen his service connection for residuals of spinal meningitis and encephalitis, finding that no new and material evidence had been submitted.

The Board has remanded the case for additional development, including obtaining medical records and arranging examinations to determine if the veteran is permanently and totally disabled for pension purposes.

The appeal is dismissed because the appellant died during the pendency of the appeal and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the appellant was at fault in creating the overpayment and denied recovery of the $222 amount. However, due to financial hardship caused by this overpayment, the Board granted waiver of recovery.

The Board has decided to waive $2,000 of the loan guaranty indebtedness and collect the remaining amount. The appellant is found to have a minor degree of fault in creating the debt.

The veteran's failure to report his SSA income led to an overpayment of disability pension benefits. The Board found that the veteran acted with bad faith and denied waiver of recovery.

The Board found that the veteran's claim for waiver of recovery of an overpayment of VA improved pension benefits was not precluded by fraud, misrepresentation or bad faith. The decision also noted that further consideration under the standard of equity and good conscience is needed.