Other conditions decisions — 2000

The Board found that the veteran's claim for service connection for residuals of fracture of the distal radius is not well-grounded due to lack of evidence showing a current disability related to service. The claim for an increased rating for postoperative residuals of right ganglion cyst incision was remanded for further development.

The veteran's claim for a waiver of recovery of an overpayment of VA improved pension benefits in the amount of $4,932 was denied by the Board. The decision found that the veteran was not at fault and that requiring him to repay the debt would result in severe financial hardship.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding that there was no evidence of any residuals from the 1978 incident and that the current neck pain is not related to the service-connected injury.

The Board has determined that there is no evidence of fraud, misrepresentation or bad faith on the part of the veteran. The decision grants waiver of recovery of an overpayment of Department of Veterans Affairs (VA) improved pension benefits in the amount of $10,339.

The Board denied an increased evaluation for fibrous dysplasia, left maxilla, postoperative residuals of neurectomy in December 1986. The moving party's representative filed a motion alleging clear and unmistakable error (CUE) in the decision, but the Board found no CUE.

The Board finds that there is no medical evidence of record establishing the veteran currently has degenerative joint disease of the feet, and thus his claim for service connection is not well grounded.

The veteran's claim for an increased evaluation for residuals of frozen feet has been dismissed due to the death of the veteran.

The veteran's claim for an earlier effective date for the grant of service connection for postoperative hysterectomy for endometriosis and pelvic adhesions is granted, with the effective date set at November 6, 1988.

The Board denied the veteran's claims for service connection for mitral valve insufficiency and an increased evaluation for residuals of rheumatic fever. The veteran did not have valvular heart disease or valvular pathology as a result of his in-service rheumatic fever, and thus, the claim for service connection was found to be not well grounded.

The Board found that the veteran's traumatic arthritis of the back was not incurred in or aggravated by active service, and thus denied his claim.

The Board denied the veteran's claims for increased ratings for his service-connected chondromalacia patella of both knees, finding that there was no additional disability warranting a separate rating under Diagnostic Code 5003.

The veteran's service-connected nephritis was rated at 10 percent from November 27, 1992 to April 27, 1995 and the RO granted a rating of 10 percent effective from that date. The RO also granted an increased rating to 30 percent for the period starting April 28, 1995.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound of the right chest meet the criteria for a 20 percent evaluation, considering both old and revised VA rating criteria.

The Board found that the veteran's claims for arthritis, nasal disability, skin disability, swelling of the face, and loss of fingernails were not well grounded. The veteran did not submit evidence to support his claims.

The Board has determined that the veteran's claims for service connection for residuals of an acoustic neuroma and a skin disorder are not well-grounded. The claim for service connection for allergic rhinitis is remanded for further development.

The Board denied the veteran's claims of service connection for a rash of the feet and gastric ulcer, as well as his request for an increased rating for PTSD. The evidence did not support a finding that these conditions were related to military service.

The Board has determined that the amputation of the right foot is not related to service, as it was caused by a ruptured aortic aneurysm and subsequent thromboembolism in 1995.

The Board has remanded the case to the RO for further development and adjudication of two issues: entitlement to accrued pension benefits on the basis of a retroactive award under 38 C.F.R. § 3.400(b)(1)(ii)(B) (1999), and entitlement to accrued pension benefits based on prospective estimation of unreimbursed medical expenses in the claimed amount of $11,917.40.

The VA denied the appellant's claim for an increased evaluation in excess of 30 percent for his service-connected adenocarcinoma of the right upper lung, currently manifested by certain pulmonary function test results.

The Board has granted a 50 percent evaluation for the veteran's hidradenitis suppurativa, post-operative, recurrent, generalized sebaceous cysts.