Other conditions decisions — 2000

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $15,202 due to her failure to report all income, specifically rental income from property. The decision found that she was solely at fault and that recovery would not result in undue hardship.

The Board found that the veteran's back and leg disorder was not incurred or aggravated during service, as he had a pre-existing condition. The rigorous physical training during his active duty for training did not result in a worsening of his pre-existing condition.

The Board has denied the veteran's application to reopen his claim for service connection for right ear disability, finding that no new and material evidence has been submitted.

The VA has determined that the veteran's residuals of a lobectomy of the right lung warrant a 30 percent disability rating, effective from February 19, 1986. The current evidence does not support an increase in this evaluation.

The Board has denied the veteran's claim for service connection for bulging discs at L3-L4 and L4-L5, finding that these conditions are not related to any inservice injuries.

The Board found that the overpayment of Section 306 pension benefits was improperly created due to a retroactive termination in January 1986, but properly terminated as of January 1, 1990. The veteran's current debt consists of unpaid benefits from January 1, 1990 until June 1992.

The VA has determined that the appellant's degenerative joint disease of the left hand and left foot do not warrant increased evaluations as they are currently rated.

The veteran's claim for a total disability rating due to individual unemployability as a result of service-connected disabilities is granted, effective from November 25, 1992. The RO found that the veteran had not worked for the prior 16 years due to his service-connected and non-service-connected disabilities.

The appeal to restore the 70 percent rating for loss of vision in the right eye due to macular degeneration was denied.,The claim for service connection for arthritis of multiple joints is not well grounded, as there is no credible evidence attributing post-service arthritis to service or an inservice injury.,The criteria for a total disability rating based on individual unemployability have not been met.

The Board denied the veteran's request for waiver of an overpayment of compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the overpayment.

The Board has determined that the veteran's disability picture does not warrant a higher evaluation for his status post gunshot wound of the left hand with limited motion of the thumb and little finger, thus denying an increased rating.

The veteran's claim for nonservice-connected disability pension was denied because his income exceeded the maximum annual rate set by law.

The Board found that the veteran's claim for service connection for bilateral chondromalacia patella was not well-grounded due to a lack of medical evidence linking his current condition to his period of active service.

The Board found that the termination of dependents' educational assistance benefits was appropriate due to an administrative error, and thus denied the appellant's claim.

The Board denied the veteran's claim for service connection for a left ovary and fallopian tube removal as secondary to her service-connected uterine fibroid tumors with subsequent total abdominal hysterectomy, finding that there was no medical evidence linking these conditions.

The Board denied the veteran's claim for nonservice-connected death pension because he did not meet the service requirements, as his total active duty was less than 90 days and he was discharged due to a pre-existing condition.

The Board's May 1998 decision denying an increased rating for a left eye disability is dismissed due to the motion being withdrawn.

The Board denied the appellant's claim for waiver of recovery of an overpayment of Section 306 death pension benefits because it was not timely filed.

The veteran's claim for an increased disability evaluation for his thoracic extradural meningioma with residual paresis of the left lower extremity is remanded due to the need for additional development, including obtaining medical records and a VA examination.

The Board denied the motion for revision of the May 7, 1996 decision on grounds of clear and unmistakable error (CUE), finding that there was no CUE in the decision.