Other conditions decisions — 2000

The Board has determined that the veteran's claim for an increased rating of peripheral vascular disease of the lower extremities with osteomyelitis of the left great toe is not well-grounded. The claim for service connection for sleep apnea was also denied as there was no competent evidence linking the condition to active service or a service-connected disability.

The veteran's death was not caused by a service-connected disability, and the appellant did not meet the eligibility requirements for dependents' educational assistance benefits.

The RO denied the veteran's claims for service connection for various conditions, including a skin disorder and vocal nodules claimed as lymph nodes secondary to Agent Orange exposure. The RO also denied his claim for an increased evaluation for hemorrhoids.

The Board dismissed the motion for review on the grounds of clear and unmistakable error due to lack of compliance with the requirements set forth in 38 C.F.R. § 20.1404(a).

The Board has determined that the overpayment of $2,492.12 in VA death pension benefits should be waived due to the claimant's actions contributing to its creation and because recovery would cause undue financial hardship.

The Board found that the appellant was at fault in creating the loan guaranty indebtedness, and thus granted a waiver of recovery of $7,186.26 plus accrued interest.

The Board has determined that the appellant does not have valid service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are not considered veterans for purposes of VA benefits and their claim is denied.

The Board denied an increased disability rating for service-connected pterygium of both eyes, finding that the veteran's visual acuity was corrected to 20/25 bilaterally and did not meet the schedular criteria for a compensable rating.

The Board denied the veteran's claim for service connection for a gastrointestinal disorder, to include a hiatal hernia, either on a direct basis or secondary to a nervous disorder.

The veteran's claim for a compensable rating for residuals of frozen feet from May 5, 1992 to January 11, 1998 was granted.,The veteran's claims for ratings in excess of 20 percent for residuals of cold injury to the right and left feet from January 12, 1998 were also granted.

The veteran's claim for an increased evaluation for chronic right epididymitis is being remanded due to unclear disability picture and need for a medical opinion from a VA urologist who reviews the entire record.

The Board found that the veteran's malaria did not meet the criteria for a higher rating or restoration of his previous 10 percent disability rating from December 20, 1993 to September 1, 1995.

The Board dismissed the appeal because the appellant died before the decision could be made.

The veteran's appeal is dismissed due to his death.

The Board denied the appellant's request for waiver of overpayment of death pension benefits because it was not filed within 180 days after notification of the indebtedness.

The Board found that the veteran's left eye disorder was not incurred in or aggravated by his period of active service.

The Board denied both claims for service connection for the cause of the veteran's death and Dependents' Educational Assistance under Chapter 35 of the U.S.C. due to a lack of medical evidence linking the veteran's conditions to his service or service-connected disabilities.

The Board found that the overpayment of improved death pension benefits was properly created due to the appellant's failure to report her increased net worth, leading to termination of her pension and creation of an overpayment. The RO's Committee on Waivers denied a waiver request for recovery of this overpayment.

The Board has determined that the veteran's claims for service connection for a chronic lung disorder and a sinus disorder secondary to excoriated lesions of the arms and legs are not well-grounded. The VA has also denied an increased evaluation for the veteran's service-connected excoriated lesions of the arms and legs.

The veteran's substantive appeal was received in a timely manner, and his appeal of the May 1995 rating action is granted.