Other conditions decisions — 2000

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no competent evidence linking his death to his service-connected disabilities.

The Board found no fault on the part of VA and denied compensation under 38 U.S.C.A. § 1151 for residuals of amputation of the left leg due to osteomyelitis.

The veteran's bilateral varicose veins are currently rated at 30 percent, which is the maximum rating available under the applicable criteria. The disability picture does not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits in the calculated amount of $24,190 due to his fault in creating the overpayment.

The Board has remanded the case due to issues regarding a dorsal spine condition and its relationship to service or service-connected disabilities. The veteran needs additional medical development, including obtaining X-rays and conducting a VA examination.

The veteran's service-connected right nephrolithiasis and inguinal hernia have been rated at the maximum allowable under VA guidelines. The Board has found no basis for a higher evaluation.

The Board found that the appellant was at fault in creating the loan guaranty indebtedness due to his inability to rent or sell the property prior to foreclosure while also maintaining other financial obligations. The debt has been established and is valid, and the Board concluded that recovery of the debt would not be against equity and good conscience.

The Board has determined that the appellant's enlarged heart (cardiomegaly) with diastolic left ventricular dysfunction, asymptomatic and generalized myalgia are due to an undiagnosed illness. The claim for service connection for enlarged liver is denied as there is no evidence of a current diagnosis.

The veteran incurred additional disability as a result of VA treatment for Dupuytren's contracture release, which resulted in residuals. The Board found that the additional disability is compensable under 38 U.S.C.A. § 1151.

The Board finds that the removal of a portion of the right sixth rib during the veteran's hospitalization at the Shreveport VAMC in May 1990 was part of his thoracotomy and not an additional disability resulting from VA treatment. The claim is denied.

The Board denied the veteran's claim for service connection for diverticulosis, finding no competent medical evidence linking it to his service.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for chest injury residuals. The case will now be reviewed on its merits.

The Board has awarded an apportionment of $50 per month for the veteran's disability compensation benefits to the appellant, representing her two children who are not living with him and have been in his custody. The decision is based on the veteran's failure to provide child support as required by law.

The veteran's claims for service connection for a pancreatic condition and neck, arm, and back disorders were denied as his claims were not well-grounded.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of a shell fragment wound injury to the right hand, finding that the scar is tender and meets the criteria under Diagnostic Code 7804. The tremor in his right upper extremity is not related to this condition.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking the fatal glioblastoma multiforme to service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits due to bad faith on her part in failing to report all her income and net worth, leading to the creation of the overpayment.

The veteran's adult daughter, who was permanently incapable of self-support prior to her 18th birthday, is denied retroactive benefits as the claim for dependency and indemnity compensation (DIC) was not received within one year of entitlement or before her 18th birthday.

The Board has determined that the veteran's bilateral defective hearing disability is service-connected due to new and material evidence submitted by the veteran.

The Board found that the veteran's service-connected residuals of a right femur fracture are currently rated as 10 percent disabling and denied an increased rating.