Other conditions decisions — 2000

The Board has granted service connection for residuals of cerebrovascular accident as secondary to the veteran's service-connected metastatic cancer of the right clavicle. Additional development is needed before a decision can be made on the claim for TDIU.

The Board found that recovery of the overpayment would be against equity and good conscience due to financial hardship, thus granting the waiver.

The Board has ordered the Regional Office to contact the appellant and request her identification of all VA and non-VA health care providers who treated the veteran from discharge until his death for disabilities related to his death. The RO is also instructed to attempt to obtain copies of pertinent treatment records identified by the appellant which have not previously been secured.

The veteran's claim for an increased evaluation for right ulnar neuritis was denied as he failed to report for scheduled VA examinations without good cause.

The veteran's claim for an increased evaluation of his service-connected right eye pterygium has been denied because the evidence does not show that it causes loss of vision, and he failed to cooperate with VA examinations.

The Board denied the veteran's claim for service connection for a skin condition due to an undiagnosed illness incurred as a result of service in the Southwest Asia Theater of Operations during the Persian Gulf War, finding that the evidence did not support a well-grounded claim.

The Board found that the veteran's cardiovascular disease is not proximately due to or the result of his service-connected post-traumatic stress disorder.

The veteran's appeals for increased ratings for manic depressive reaction and fibrous dysplasia of the right femoral neck are being remanded to the RO for further development.

The Board denied an increased rating for postoperative residuals of left eye retinal detachment, currently evaluated as 30 percent disabling.

The Board has determined that a rating in excess of 10 percent for bilateral hernias of the anterior tibia muscles is not warranted based on current evidence.

The Board has granted a 20 percent evaluation for the veteran's service-connected residuals of compression fractures of the thoracic spine, effective December 18, 1995. The decision also found that there was no clear and unmistakable error in the prior rating actions.

The VA determined that the veteran's pulmonary disability does not warrant a higher rating than 60 percent, as his FEV1 is greater than 40% of predicted value and other criteria for a higher rating are not met.

The Board denied the veteran's claim for an effective date earlier than March 12, 1997 for a 30 percent disability rating for service-connected ureteropelvic junction obstruction due to lack of evidence showing symptomatology consistent with such rating within one year prior to the application.

The Board has reopened the veteran's claim of entitlement to service connection for cardiovascular disease due to new evidence showing current cardiovascular disease. The RO is instructed to obtain additional VA medical records and then readjudicate the case.

The Board denied an earlier effective date for the grant of service connection for nerve damage in the left leg, finding that the earliest date of receipt of a claim was October 28, 1996.

The Board denied an increased rating for service-connected post-operative fistula in ano, finding that the veteran's ongoing problems with fecal incontinence are not related to his service-connected disability.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding no medical evidence linking his death to military service or any incident therein.

The Board has determined that the veteran's deviated nasal septum was incurred during his military service.

The Board denied service connection for nicotine addiction, alcohol addiction, and other drug addictions. The claim of increased disability rating for service-connected anxiety reaction is pending.

The VA has granted compensation for osteomyelitis, but the effective date is set at May 26, 1994. The veteran's right knee condition remains rated at 10%.