Other conditions decisions — 2000

The Board denied the appellant's claims for an increased evaluation for his service-connected right eye injury, special monthly compensation based upon bilateral blindness, and a total disability rating based upon individual unemployability.

The Board found that the veteran's osteomyelitis of the right tibia and left shoulder was not caused by VA hospitalization and treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for her gastric ulcer with reflux and a compensable evaluation for her right lateral thigh and buttocks varicosities.

The Board denied a claim for an increased rating for the veteran's service-connected gastrointestinal disorder, finding that there was no evidence of severe disability as defined by VA regulations.

The Board found no basis for reducing the evaluation of the veteran's service-connected somatization disorder and denied all issues related to this condition.

The veteran's claims for service connection for peripheral vascular disease with amputation of both legs and gastrointestinal disability are being remanded due to the need for additional medical records.

The Board has reopened the veteran's claim and granted service connection for fibrocystic breast disease as secondary to her service-connected total abdominal hysterectomy.

The Board denied the veteran's claim for service connection for the residuals of chest and spinal injuries, and the residuals of concussion due to lack of new and material evidence.

The Board has reopened the claims for service connection for right eye macular degeneration and left eye disability, but finds that neither condition is well grounded as there is no evidence linking them to active service.

The Board denied the appellant's request for a refund of his restored loan guaranty entitlement, stating that no legal authority exists to grant such a refund under current regulations and statutes.

The veteran's service-connected cervical spine disability is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Codes 5293 and 5290. The RO has not assigned a higher evaluation as the current findings do not meet the criteria for a higher evaluation.

The Board has determined that the veteran's claim for service connection for polycythemia is not well grounded and thus denied.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for death pension benefits due to insufficient evidence of a valid marriage prior to the ceremonial marriage in January 1997.

The Board found that the veteran intended to change his beneficiary from his sister to his wife, and thus denied the appellant's claim for proceeds of the National Service Life Insurance policy.

The veteran's death was due to his service-connected post concussion syndrome, which the Board found contributed substantially or materially to his death.

The veteran's claim for an increased evaluation for his service-connected bilateral flatfoot disability is being remanded due to the need for additional evidence and development.

The Board has denied the veteran's claim for service connection for dental conditions including gingivitis and trench mouth, finding that there is no legal merit to the claim due to a lack of evidence establishing any relationship between his inservice complaints and current dental problems.

The Board denied the waiver of recovery of loan guaranty indebtedness in the amount of $10,000 plus interest due to the appellant's fault and lack of undue financial hardship.

The veteran's claims for increased ratings for his service-connected umbilical and left inguinal hernias, as well as a claim for multiple noncompensable disabilities, were denied. The veteran also had an unsuccessful attempt to establish service connection for a panic disorder with major depression and bipolar disorder.

The Board denied a claim for an increased rating for the veteran's service-connected thrombophlebitis of the right lower leg, finding that the condition more nearly approximates the criteria for a 10 percent disability rating based on intermittent edema and fatigue in the leg after prolonged standing or walking with symptoms relieved by elevation of extremity.