Other conditions decisions — 2000

The Board has granted the veteran's request for a waiver of recovery of an overpayment in the amount of $2,275.00 due to the creation of the debt not being against equity and good conscience.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing additional disability resulting from a VA hospitalization in April 1976, and denied his claim for service connection for the cause of death due to lack of evidence linking the cause of death to service.

The Board has determined that the veteran's service-connected residuals of compression fracture at L1 warrant a 40 percent evaluation from March 28, 1995. Prior to this date, she was rated at 20 percent.

The Board denied an increased disability evaluation for the veteran's service-connected peptic ulcer disease with highly selective parietal cell vagotomy residuals, currently evaluated as 20 percent disabling.

The Board has determined that the veteran's ulcerative colitis is manifested by moderate symptoms and does not warrant a rating higher than 10 percent.

The Board found that the veteran does not have a well-grounded claim for service connection of a right leg disorder. The residuals of shell fragment wounds and fracture of the right fifth toe are currently non-compensable as they do not meet the criteria for any compensable rating under VA's rating schedule.

The Board denied the appellant's claim, finding that his character of discharge from military service is a bar to VA benefits.

The Board denied the veteran's claim for service connection for his cause of death, finding no evidence that any service-connected disability caused or contributed to his cancer.

The Board denied increased ratings for patellofemoral arthritis of the right and left knees, finding that the current evaluations (10%) are appropriate given the veteran's full range of motion with some pain.

The veteran's daughter is seeking retroactive Chapter 35 benefits for periods of enrollment prior to April 3, 1997. The Board denied the claim as the proper commencing date for the award of educational assistance benefits could not begin earlier than one year before the date her enrollment certification and application were received, or April 3, 1997.

The Board concluded that the amount withheld from the veteran's Social Security benefits to pay for child support in arrears is properly included as countable income for purposes of improved disability pension benefits.

The Board denied the veteran's appeal for service connection for poliomyelitis, finding no competent medical evidence of a current disability.

The veteran's death is being reviewed due to incomplete records and the need for further development regarding his service connection claim. Additionally, a new rating decision must be prepared addressing his dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board found that the veteran's low back disorder, including spina bifida, spondylosis, and slight disc space narrowing of L4-L5 and L5-S1, was incurred during active service. The superimposed disease or injury resulted in a chronic disability.

The Board found that the veteran's death was not incurred in the line of duty due to his own willful misconduct and intoxication, resulting in a denial of service connection for cause of death.

The veteran's daughter is denied Dependents' Educational Assistance (DEA) benefits as the appeal is based on a direct service connection and not retroactive due to VA delays in granting service connection.

The Board found that the veteran's pre-existing herniated nucleus pulposus at L5-S1 on the right existed prior to service and did not increase in severity during service, thus denying his claim for service connection.

The veteran's claim for a permanent and total disability rating for non-service connected pension purposes was denied due to failure to report for scheduled VA examinations.

The Board denied the veteran's claim of service connection for a cardiac disorder, finding that no new and material evidence had been submitted to reopen the claim.

The Board found that the veteran's death was not causally related to service or a service-connected disability, including his duodenal ulcer disease and chronic obstructive lung disease.