Other conditions decisions — 2000

The veteran's appeal has been dismissed due to his death. The claims for special monthly pension and compensation under the provisions of 38 U.S.C.A. § 1151 have no jurisdiction as they are not about service connection.

The Board denied the veteran's claim of service connection for residuals of jaundice and gallbladder surgery, to include gastrointestinal disability, finding that her claim was not well grounded.

The Board has reopened the claim for service connection for residuals of a head injury due to new and material evidence. However, the claim is not well-grounded as there is no medical evidence linking current disabilities to the inservice head injury.

The veteran's mitral valve prolapse is currently rated at 30 percent prior to January 12, 1998 and the RO has determined that it warrants a 60 percent evaluation since then.

The veteran's claim for a compensable evaluation for his service-connected fracture of the left tibia and fibula is granted, with a rating of 10 percent effective from March 23, 1990.

The Board has denied the appellant's claim of service connection for an inner ear disorder due to a lack of evidence showing current disability or a link between the claimed condition and service.

The veteran's appeal is denied as he does not meet the basic eligibility requirements to receive educational benefits under Chapter 30, Title 38, United States Code.

The veteran's case is being remanded due to his inability to attend a scheduled hearing. The issue of entitlement to an increased evaluation for bilateral weak foot remains unresolved.

The veteran's service-connected intervertebral disc syndrome of L4-5 results in a disability picture that more nearly approximates pronounced intervertebral disc syndrome, warranting a 60 percent rating.

The veteran's son did not submit a timely application for VA burial benefits, which must be received within two years after the permanent burial of the body. The appellant's claim was submitted more than 2 years after the veteran's death and burial.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no evidence to suggest that VA negligence caused his additional disability.

The Board has denied the appellant's request for an apportioned share of the veteran's VA benefits on behalf of his minor children due to a lack of proper procedural steps being followed.

The Board denied the veteran's claims of service connection for a nervous disorder and his eligibility for non-service-connected pension benefits due to lack of evidence linking his current condition to his military service.

The Board has granted the appellant's request to waive recovery of an overpayment in the amount of $948.00 for death pension benefits, finding that it would be against equity and good conscience to require repayment.

The Board denied the appellant's claim for a waiver of recovery of an overpayment of death pension benefits in the amount of $14,336 due to willful failure on her part to disclose a material fact regarding her income.

The Board has determined that further development is needed to determine the appropriate evaluation for the veteran's service-connected cerebrovascular accident and to address his complaints related to this condition.

The Board is requesting additional medical records to determine if the veteran's service-incurred shrapnel wounds contributed to his death from arteriosclerotic vascular disease. The appellant must provide the street address of St. Francis Medical Center and any dates in which the veteran was hospitalized there, as well as authorize their release.

The Board denied the veteran's claims for increased evaluations for encephalopathy with chronic brain syndrome and residuals of a 10th rib fracture, finding that the conditions did not warrant ratings in excess of their current 30 percent and noncompensable evaluations, respectively.

The veteran's claim for a National Service Life Insurance (NSLI) policy was remanded due to the need for a travel board hearing. The case will be returned to the Board after the hearing.

The Board has determined that the veteran's claim of entitlement to service connection for skin disability, including as secondary to exposure to ionizing radiation, is well-grounded. The RO must now consider this on the merits and provide a VA examination to determine if the current skin disabilities are related to active military service.