Other conditions decisions — 2000

The Board found that the preponderance of evidence does not support a finding that the veteran's impotence is related to his service-connected filariasis.

The Board has denied all claims for higher ratings as there is no evidence of muscle damage from the laceration, and the veteran does not have lateral instability or limitation of motion due to a fracture of the right tibial plateau or pubic arch.

The Board denied the appellant's claim for a waiver of recovery of overpayment of Dependent's Educational Assistance (DEA) benefits in the amount of $15,128.71.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current back disorder is causally related to his service-connected shell fragment wounds of the left and right lower legs.

The claim for an annual clothing allowance is being remanded due to the lack of a statement of the case.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his gunshot wound residuals. The case will be readjudicated based on the new evidence.

The Board has granted an effective date of October 21, 1952 for the veteran's service connection for shell fragment wound scar residuals of the right shin.

The veteran's service-connected low back disorder does not render her unable to obtain or retain gainful employment compatible with her education and occupational experience.

The case is being remanded to the RO for obtaining additional medical records and scheduling a VA examination. The veteran's claim for an increased rating for his duodenal ulcer will be reconsidered after these actions.

The Board denied the veteran's claim for service connection for residuals of cerebellar hemangioblastoma as secondary to exposure to herbicides. The issue regarding an evaluation in excess of 40 percent for osteoarthritis of the low back and cervical spine with pain radiating into the right shoulder and arm was not addressed on appeal.

The Board has granted a 30 percent rating for the service-connected residuals of ruptured right Achilles tendon, effective from when the claim was filed.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no competent evidence linking the lung cancer to service or radiation exposure.

The Board has granted an effective date of December 9, 1992 for the veteran's nonservice-connected disability pension.

The Board found no evidence of mustard gas exposure and insufficient medical evidence linking the veteran's current skin cancer to service. The claim for service connection was denied.

The Board granted a 40% disability evaluation for postoperative residuals of adenocarcinoma of the prostate. The attorney's services were not charged after September 30, 1999 as they did not relate to this decision.

The Board has determined that the veteran's claims for service connection for lipomas of the neck, trunk, and back, as well as his claim for hypercholesterolemia, are not well grounded. The initial rating claims for hypertension, varicose veins (both lower extremities), hearing loss, and status post excision lipoma of the right forearm have all been denied.

The veteran's pension benefits were terminated due to excessive income in 1989, effective January 1, 1990.

The Board has determined that there is no competent medical evidence linking the veteran's current subcutaneous cyst on the right side of the neck or tumors of the chest to his period of service, any incident therein (including claimed lead poisoning), or any continuous symptomatology. Therefore, the claims are denied.

The Board has restored the veteran's service-connected rating for a gunshot wound to the back from May 1, 1983.

The Board found that the veteran's current disability of the peripheral nervous system, variously diagnosed, was presumed to have been incurred during his active military service. Service connection for porphyria cutanea tarda was granted with a 50% evaluation initially and later increased to 70%. The claim for higher rating remains pending.