Other conditions decisions — 2000

The Board denied the appellant's request for a waiver of recovery of an overpayment of $17,158 in pension benefits due to her bad faith in submitting EVR forms that concealed her income.

The veteran's father is denied financial assistance in purchasing an automobile or other conveyance, acquiring specially adapted housing, and receiving an annual clothing allowance for the purpose of accrued benefits due to lack of application prior to the veteran's death.

The Board has determined that the veteran's claims for service connection are well-grounded and have granted them. The veteran is entitled to service connection for PTSD based on his Gulf War experiences, but the specific diagnosis of arthralgia due to an undiagnosed illness remains unclear.

The Board denied the veteran's claim for service connection for residuals of a left hip/pelvis injury as not well grounded, due to lack of medical evidence linking current disability to service.

The Board denied the veteran's claim for service connection for the cause of his death and eligibility for dependents' educational assistance under Chapter 35 due to a lack of competent medical evidence linking the cause of death to military service or any incident therein.

The Board denied an evaluation in excess of 10 percent for the veteran's sacrum/coccyx injury, finding that it was productive of disablement compatible with not more than characteristic pain on motion.

The Board denied the veteran's application to reopen his claim for service connection for residuals of a head injury, finding that new and material evidence had not been submitted.

The VA denied a compensable evaluation for the veteran's right 5th toe fracture, finding no pathology other than elongated toenails and pain.

The case must be remanded to the RO for obtaining necessary information from the Navy regarding the veteran's service and contributions to educational assistance programs.

The Board has determined that the veteran's right hip disability warrants an increased evaluation to 70 percent, reflecting markedly severe residual weakness, pain and limitation of motion following implantation of prosthesis.

The Board denied service connection for the cause of the veteran's death due to it being caused by willful misconduct.

The Board has found new and material evidence sufficient to reopen the veteran's claim for service connection of post-polio syndrome. The expert medical opinion supports a finding that spinal degenerative joint disease is related to service, including possible aggravation during service.

The Board found no confirmed in-service stressors and denied the claim for service connection for Post Traumatic Stress Disorder.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for subtotal gastrectomy with duodenal ulcers. The preponderance of the evidence is against a conclusion that the condition is related to service or aggravated by service-connected anxiety or PTSD disabilities.

The Board found that the veteran's claim of entitlement to service connection for a right hand injury was not well-grounded and denied it.

The Board finds that the effective date for the veteran's additional compensation for a dependent spouse should be December 31, 1986, with payment commencing on January 1, 1987, due to deficiencies in VA notifications regarding changes in dependency status.

The Board has determined that the appellant's discharge from military service was under conditions other than honorable due to multiple instances of being absent without leave (AWOL) for a continuous period of at least 180 days. The Board concluded that these violations do not constitute minor offenses and found no compelling circumstances warranting the prolonged unauthorized absence. As a result, the character of his discharge from service constitutes a bar to VA benefits.

The Board has granted a 40 percent evaluation for the veteran's service-connected residuals of injury to muscle group VI, right side, based on severe impairment.

The Board found that the veteran's claims of service connection for dental injury, left foot injury, and generalized arthritis are not well grounded because there is no competent evidence linking these conditions to his military service.

The Board found no evidence linking the veteran's prostate cancer to his service-connected skin condition or any VA treatment, and denied all claims.