Other conditions decisions — 2000

The Board of Veterans' Appeals has denied the veteran's claim for a permanent and total disability rating for pension purposes, finding that he is employed full-time at Yaffee Iron and Metal.

The Board found that the veteran's death was not caused by his service-connected varicose veins, but rather by chronic thrombophlebitis and pulmonary embolus. The service connection for the cause of death is denied.

The Board denied an increased rating for a fracture of the right middle metacarpal, finding that there was no evidence of impairment due to pain or other functional limitations.

The veteran's back disability has been rated at 40 percent since May 21, 1999. The appeal is for increased ratings prior to that date.

The Board has remanded the case to the RO for clarification regarding the veteran's desire for a hearing and to schedule such a hearing if requested.

The Board denied the veteran's claim for service connection for Gardner's syndrome with total colectomy and removal of the small intestine, finding that there was no evidence of aggravation of a preexisting congenital condition.

The Board has determined that the veteran's residuals of mumps, including hypogonadism (atrophy of the testes), pancreatitis (pancreatic atrophy), and endocrinopathy, are service-connected as these conditions began during his time in service.

The Board denied the appellant's claim for suspension of his pension benefits due to incarceration, finding that the law prohibits such payments during the sixty-first day after conviction and up until release from prison.

The veteran's claim for a 10 percent disability evaluation for the residuals of a head injury from June 19, 1945, through October 18, 1993 is being remanded due to incomplete records.

The veteran's spouse was not recognized as the surviving spouse for VA benefits due to her divorce from the veteran prior to his death.

The veteran's service-connected posterior subscapular cataract of the right eye is currently rated as noncompensable. The Board finds that this rating is not warranted based on the visual acuity in both eyes.

The Board denied the veteran's claims for service connection for the cause of his death and eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code due to a lack of well-grounded evidence.

The Board denied the veteran's claim that his left hand injuries were not incurred in line of duty, but granted that they resulted from willful misconduct. The case is remanded for consideration of an effective date prior to June 11, 1992.

The Board determined that the proper effective date for the award of SMC under 38 U.S.C.A. § 1114(s) is March 18, 1983.

The Board has remanded the case due to an incomplete appellate record, and it is now required to refer the matter to the Under Secretary for Benefits for further consideration under section 3.311 of VA regulations.

The Board has determined that the veteran's claim for service connection for the excision of an enlarged lymph node secondary to her service-connected thyrotoxicosis with Grave's Disease is not well grounded, as there is no medical evidence showing a current disability.

The Board denied the veteran's request for waiver of recovery of a $4,695 overpayment in disability pension benefits due to bad faith on his part.

The Board has determined that the veteran's claims for service connection for his claimed disabilities are not well-grounded, as there is no evidence of a nexus between his current conditions and his military service.

The Board has granted service connection for a left arm fracture and subdural hematoma residuals as secondary to the veteran's service-connected PTSD.

The Board finds that the veteran's loss of vision in the left eye and left arm weakness are directly related to VA treatment received in May 1990, warranting compensation under 38 U.S.C.A. § 1151.