Other conditions decisions — 2000

The veteran's request for waiver of recovery of an overpayment of chapter 30 educational assistance benefits in the amount of $553.34 was denied because he was at fault in creating the overpayment and repayment would not result in undue financial hardship or defeat the purpose of the benefits.

The veteran's service-connected cardiovascular disability is rated at 60 percent, and he has been granted a total rating based on unemployability due to his disabilities.

The veteran's claim for a higher rating for her postoperative residuals of Morton's neuroma of the left foot with possible tarsal tunnel syndrome was denied by the RO. She is currently rated at 10 percent.

The Board denied the veteran's claim for service connection for basal cell carcinoma, including as a result of exposure to ionizing radiation, finding no evidence of exposure and concluding that the condition did not develop due to service.

The Board denied the appellant's claim for Dependency and Indemnity Compensation based on her status as a common law spouse of the veteran, finding that she could not be recognized as his surviving spouse due to the prior legal marriage between the veteran and the appellee.

The Board has determined that the veteran acquired additional disability, namely neurogenic-type pain, as a result of nasal surgery performed by a VA medical facility in October 1992. The claim for compensation under 38 U.S.C.A. § 1151 is therefore granted.

The veteran's claim for service connection for residuals of dental trauma is denied as not well grounded.

The Board denied service connection for rectal cancer due to exposure to ionizing radiation, finding that the evidence did not support a link between the veteran's condition and his military service.

The veteran's claim for service connection on a radiation basis for arthritis involving multiple joints, gastrointestinal disability and respiratory disability is not well grounded. The Board found no evidence linking these conditions to his inservice exposure to ionizing radiation.

The veteran's claim for an earlier effective date for a permanent and total disability rating for pension purposes is denied as there was no prior denial or allowance of any VA claim, the veteran did not apply within one year of treatment, and he could not be prevented from applying due to his disability.

The veteran's epiphora and deviated septum were granted service connection. The effective date for the grant of service connection is January 10, 2000.

The Board has determined that the veteran's current left foot disorder is related to his inservice injury and granted service connection for residuals of a left foot injury.

The Board found no current diagnosis of a specified chronic disability for purposes of presuming the in-service incurrence of a cardiac disorder. The absence of objective medical evidence of cardiac disease following the in-service automobile accident is fatal to the veteran's claim.

The Board has not made a final decision on the issue that led to past-due benefits, and therefore the attorney is not eligible for payment of fees from those benefits.

The Board denied the claim for service connection for the cause of the veteran's death as there was no competent evidence linking the fatal drug intoxication to a service-connected disability.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his improved pension benefits, finding that he willfully misrepresented material facts regarding his wife's income.

The Board has reopened the veteran's claim of service connection for a stomach disorder and found that new and material evidence had been submitted. The claim is now considered on its merits.

The veteran's bilateral Achilles tendinitis and left tibia stress fracture were not productive of more than slight impairment prior to July 28, 1998, and subsequent to that date, the disability was shown to be productive of no more than moderate impairment. The appeal is denied.

The Board denied the claims of entitlement to service connection for an eye disorder and deep vein thrombosis of the left lower extremity, finding that new and material evidence had not been submitted.

The Board denied the veteran's request for an earlier effective date for an apportionment award, finding that the appellant's November 22, 1994 statement was a claim to reopen and thus the effective date is properly November 22, 1994.