Other conditions decisions — 2000

The Board has determined that the veteran's overpayment of VA pension benefits should be waived due to his financial hardship and lack of fault in creating the debt. The veteran was granted a waiver, but he is still responsible for repaying $644.00 plus accrued interest.

The veteran's claim for basic eligibility to educational assistance benefits under Chapter 30, Title 38, United States Code is denied due to lack of qualifying service.

The veteran's claim for service connection for respiratory cancers was granted based on a June 1994 change in the regulations allowing for the presumption of service connection. The effective date cannot be earlier than August 14, 1995, as it is precluded by law.

The veteran's claim for special monthly compensation on account of loss of the left hand is being remanded to evaluate his current neurologic impairment and determine if any effective function remains other than what would be equally well served by an amputation stump with use of a suitable prosthetic appliance.

The VA denied an increased evaluation for varicose veins of the right leg, finding that the condition is no more than 10 percent disabling.

The Board has determined that the appropriate issue for consideration is entitlement to an effective date earlier than October 16, 1992, for a grant of service connection for ankylosing spondylitis of the multiple joints.

The Board denied the appellant's claim for apportionment of the veteran's compensation benefits prior to November 1, 1994 due to lack of evidence showing that the children were not in the veteran's custody or receiving support from him.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a gastrointestinal disorder, including a duodenal ulcer and functional bowel disorder. The case is remanded due to insufficient evidence linking these conditions to service.

The veteran withdrew their appeal before the Board could make a decision.

The Board has found the claims for service connection for PCT, seeking SMC for loss of use of the right foot, and seeking financial assistance in purchasing an automobile or adaptive equipment are well-grounded. The claim for a compensable rating for furunculosis is granted. However, extra-schedular consideration is not warranted for the injury to Muscle Group XV.

The Board has determined that additional development is needed to determine if the veteran's current heart condition is related to his service, and has therefore remanded the case for further action.

The Board denied service connection for a liver disorder and the initial rating of 10% for skin rash. The veteran did not file a timely substantive appeal regarding the increased rating.

The Board denied the veteran's request for waiver of recovery of overpayment of educational benefits, finding that recovery would not be against equity and good conscience.

The veteran's service-connected gunshot wounds of the left buttock and thigh, as well as the right calf, are currently rated at 40% and 30%, respectively. The Board has determined that these ratings are appropriate based on the current medical evidence.

The Board denied an increased rating for the veteran's bulbar urethral stricture, finding that it did not meet the criteria for a compensable evaluation under either the old or new VA rating criteria.

The Board has determined that the veteran's claims of service connection for a skin rash, stomach condition, and bowel disability are not well-grounded. As such, these claims have been denied.

The Board has found that the veteran's claim for service connection for PTSD is well grounded and remanded to obtain additional development. The case will be reviewed again after this development.

The Board found that the veteran's residuals of a left lower leg injury are commensurate with complete paralysis of the anterior tibial nerve and assigned a 30 percent disability evaluation.

The Board denied an increased rating for nephrolithiasis with benign prostatic hypertrophy, finding that the veteran's symptoms are primarily due to his service-connected BPH and not nephrolithiasis.

The Board found that the appellant's actions leading to default constituted bad faith, which precluded further consideration of waiver of recovery of the loan guaranty indebtedness.