Other conditions decisions — 2000

The Board has denied both claims for increased evaluations of the veteran's patellofemoral pain syndrome of the left and right knees, finding that the evidence does not warrant a rating in excess of 10 percent.

The Board found that the overpayment of $29,002.40 from February 1, 1989 to April 30, 1992 was solely due to the veteran's fault and not against equity and good conscience. However, the overpayment from May 1, 1992 to August 31, 1993 was primarily due to VA fault and would be against equity and good conscience.

The veteran's claim for an increased rating of his service-connected right fifth toe fracture is being remanded due to the need to obtain additional medical records and conduct further examination.

The Board has determined that recovery of the overpayment of VA Section 306 pension benefits in the amount of $5,125 is warranted due to financial hardship and against equity and good conscience.

The Board has granted a 20 percent rating for each of the veteran's service-connected shin splints, finding that they meet the criteria for moderate knee or ankle disability under Diagnostic Code 5262.

The veteran's claim of service connection for arthritis of the spine is granted, and he is assigned a 40 percent evaluation for his varicose veins of the right leg.

The Board has determined that the claim for service connection for transitional cell carcinoma of the bladder, claimed as secondary to exposure to asbestos and Agent Orange, is not well grounded. The cause of death due to transitional cell carcinoma of the bladder was also denied.

The Board denied the veteran's claim for VA educational assistance benefits under Chapter 34, Title 38, United States Code, pursuant to the terms of the Pacheco Consent Order because the informal claim was received after the court mandated deadline.

The Board has determined that the veteran's residuals of a radical cystoprostatectomy and ileal neobladder, secondary to transitional cell carcinoma of the bladder, warrant a 40 percent disability rating for the period commencing December 1, 1997.

The RO granted a 20 percent evaluation for the service-connected condition, status post excision of loose bone fragment of left tibial tubercle, effective as of October 18, 1996.

The Board denied the veteran's application to reopen his claim for service connection for Crohn's disease (also diagnosed as ulcerative colitis) due to lack of new and material evidence.

The Board denied the appellant's claims for service connection for upper respiratory disorder and high frequency hearing loss, left ear. The claim for increased evaluation of residuals of shell fragment wound, right wrist with retained foreign body was not addressed as it is no longer on appeal due to a grant of service connection for post-traumatic stress disorder.

The Board denied the veteran's claim for service connection for a skin disorder due to exposure to mustard gas as there is no current medical evidence of such a condition and no competent evidence linking it to military service.

The Board has determined that the veteran's claims for service connection for an ear condition and a sinus condition are not well grounded. The evidence received since the previous denial does not provide sufficient medical nexus to support these claims.

The Board of Veterans' Appeals (BVA) determined that the appellant was not eligible for VA benefits due to his age and marital status, as well as lack of service documentation.

The Board denied the appellant's claim for benefits equal to the veteran's rate of VA compensation for the month of his death, finding that she was not entitled due to her status as a divorced individual and lack of surviving spouse status.

The VA has determined that the appellant is responsible for a loan guaranty indebtedness of $16,450 due to his default on a mortgage. The decision was made after VA paid the lender and calculated the total loss incurred.

The Board has granted a 100 percent evaluation for schizoaffective disorder and dismissed the claim for a total rating for compensation based upon individual unemployability due to the assignment of a schedular 100 percent evaluation.

The Board denied the claim for an earlier effective date for service connection of trochanteric bursitis of the right hip and sacrococcygeal joint disruption, finding that the earliest possible effective date was February 10, 1997.

The Board denied the veteran's claims for an increased evaluation and earlier effective date for service connection, finding that the March 1957 decision denying service connection was not clearly and unmistakably erroneous and that no new evidence had been submitted to reopen the claim. The RO assigned a May 27, 1992, as the effective date for the grant of service connection.