Other conditions decisions — 2000

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for arthritis of both knees, as the additional evidence did not bear directly or substantially upon the issue.

The Board denied the appellant's claim for a hardship exclusion for the surviving child's income, as the Social Security benefits were considered countable income and did not qualify for exclusion.

The Board denied the appellant's claim for waiver of recovery of an overpayment of VA Chapter 35 Dependents' Educational Assistance benefits because her request was not filed within the required 180-day period.

The Board denied the veteran's claims for service connection for bladder cancer and urethral cancer, finding no evidence of a positive association between these conditions and exposure to herbicide agents used in Vietnam.

The Board has determined that the veteran's service-connected patellofemoral pain syndrome of both knees does not warrant a compensable disability rating.

The Board has granted a 10 percent rating for the veteran's service-connected chondromalacia of the left leg, effective from September 1998. The veteran was previously rated under the provisions of 38 C.F.R. § 4.71a, Code 5257 due to recurrent subluxation and lateral instability.

The Board denied the veteran's claims for an increased rating and TDIU due to his service-connected post-operative residuals of gastric resection for duodenal ulcer, finding that the evidence did not support a higher disability rating or entitlement to TDIU.

The Board has remanded the case due to uncertainty regarding whether the veteran's discharge was for a physical condition not characterized as a disability and did not result from her own willful misconduct, which interfered with performance of duty. The Board also needs more information on whether she served in the Selected Reserve and how long.

The Board found that the veteran's myositis of the left hip did not warrant an increased rating, as his range of motion was within normal limits and there was no evidence of weakened motion or incoordination. The functional impairment was minimal.

The veteran's Huntington's disease was rated at 50 percent from June 16, 1996 to February 10, 1998.,From February 10, 1998, the veteran's Huntington's disease was rated at 80 percent.

The VA determined that the veteran does not currently have disabling symptoms associated with his service-connected patent ductus arteriosus, and thus denied his claim for a compensable evaluation.

The Board finds that the veteran's son was permanently incapable of self-support by reason of physical disability at the age of 18 years, and thus is entitled to recognition as a helpless child for VA benefits purposes.

The Board found that the appellant and the veteran were divorced at the time of the veteran's death, thus she is not considered his surviving spouse for VA pension benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a gastrointestinal disorder, variously claimed as a hiatal hernia or an ulcer. The claim remains denied.

The Board has denied the veteran's claims for service connection for a testicular disorder, a right arm disorder, and diverticulosis. The evidence does not support a finding of a current disability or a link between any claimed disorders and service.

The Board has determined that the veteran's claims of service connection for a perforated right eardrum and defective hearing are well grounded. The RO is instructed to schedule the veteran for an examination, obtain relevant medical records, and then adjudicate the claims based on the evidence.

The veteran's claim for secondary service connection for a cardiovascular disorder is not well-grounded, and his increased rating for residuals of inactive pulmonary tuberculosis remains at 30 percent.

The Board denied the appellant's request for a waiver of recovery of an overpayment of educational assistance benefits, finding that his request was not timely filed.

The Board has determined that the veteran's gastrointestinal disease, including ulcer disease, was incurred during his active military service.

The Board denied an increased evaluation for a gunshot wound to the left thigh, finding that the veteran's symptoms did not meet the criteria for a moderately severe muscle injury.