Other conditions decisions — 2000

The Board has reopened the veteran's claims for service connection for frozen legs and feet, but found them not well-grounded. The right arm disability claim was also reopened, but again found not well-grounded.

The Board has granted an apportionment of $300 per month to the appellant on behalf of the veteran's child, finding that the veteran reasonably discharges his responsibility for the support of the child through this apportionment and that hardship does not exist.

The Board denied an earlier effective date for the grant of service connection for residuals of gonorrhea, including oligospermia, hypoplastic testes, and impotence, as the claim was not filed until April 21, 1997.

The Board denied the veteran's claim for an original evaluation in excess of 10 percent for his bilateral toenail condition, finding that the evidence did not support a higher rating.

The Board denied the veteran's request for a waiver of overpayment of compensation benefits, finding that her failure to report her return to active duty status was an act of bad faith and thus precluded by law.

The Board dismissed the appeal as it does not have appellate jurisdiction over this issue.

The Board has granted separate initial disability evaluations of 10 percent for both right and left orchialgia disabilities, based on the severity of the veteran's symptoms.

The Board dismissed an issue regarding whether a timely appeal was filed for the November 1969 rating decision denying DIC as the unremarried widow of the veteran. The Board found that no jurisdiction existed to consider this issue.

The Board denied a compensable evaluation for the veteran's post-operative left inguinal hernia repair, finding that there was no evidence of recurrence or abnormal symptoms.

The Board denied the veteran's claims for service connection due to a lack of competent evidence linking his current skin rash and undiagnosed illness to service. The symptoms were attributed to known diagnoses such as tinea cruris, seasonal dermatitis, folliculitis, and nummular eczema.

The Board has granted service connection for nonspecific urethritis but denied an increased rating.

The Board of Veterans' Appeals (BVA) found that the appellant's claim for an increased rating for his service-connected post-operative residuals of a herniated disc at L4, L5, on the left was well grounded. The BVA noted that VARO had previously granted an increased rating from 20 to 40 percent disabling effective as of November 17, 1997. However, further development is needed due to lack of differentiation between service-connected and nonservice-connected residuals.

The Board has not decided the claims related to service connection for prostatitis and urinary tract infection, but has denied reopening of a previously denied claim for a respiratory disability due to cigarette smoking. The issues are considered inextricably intertwined with the main appeal.

The Board denied an increased rating for peptic ulcer disease but granted a 30 percent evaluation for the veteran's mood disorder. The decision is mixed as it addresses both conditions.

The Board has granted service connection for spondylolisthesis, L5-S1, status post laminectomy. The veteran is eligible to receive attorney fees from past-due benefits based on this decision.

The Board has determined that the veteran's deep vein thrombosis, right leg with residual pain, swelling, and pigmentation does not warrant an increased rating as it currently meets a 10% disability evaluation under Diagnostic Code 7121.

The veteran's right arm and hand weakness and numbness are deemed to be a result of the August 1994 VA surgery, which resulted in additional disability.

The Board found that the veteran did not file an adequate substantive appeal for his claims of entitlement to service connection for a left hand disorder as secondary to service-connected postoperative residuals of a left shoulder dislocation and entitlement to TDIU. As such, the Board lacks jurisdiction to consider these issues.

The Board denied the veteran's claims for increased evaluations for his service-connected left index finger laceration and pneumothorax disabilities, finding that the evidence did not support ratings in excess of 10 percent and 60 percent, respectively.

The Board has determined that there is no evidence of fraud, misrepresentation or bad faith in the creation of the loan guaranty indebtedness. The decision to waive recovery of the debt was granted based on considerations of equity and good conscience.