Other conditions decisions — 2000

The Board denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits in the amount of $23,676.00 because it was not timely filed.

The Board has determined that osteochondritis dissecans of the right talus was incurred in service and continues to exist, granting the veteran's claim for service connection.

The Board has granted a partial waiver of the overpayment of nonservice-connected pension benefits in the amount of $3,589.00, finding that recovery would be against equity and good conscience.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits in the amount of $1,131.00 because her claim was not timely filed.

The Board found that the veteran's request for waiver of recovery of a $6,895 overpayment was untimely. However, it granted the waiver of recovery of a $2,616 overpayment due to financial hardship.

The Board has denied the veteran's claim for an increased disability rating for purulent pleurisy with decortication of the right lung, currently rated at 10 percent. The evidence does not support a higher evaluation as there is no objectively demonstrated impairment related to pulmonary pathology.

The VA determined that the veteran's panic disorder warranted a 30 percent disability rating, effective from May 25, 1994.

The veteran's appeal was denied for evaluations in excess of 30 and 60 percent for left upper extremity impairment due to cerebrovascular accident. The evaluation prior to January 1, 1966 was not granted, while the evaluation effective on or after January 1, 1996 was also not granted.

The veteran does not meet the legal criteria to qualify for VA outpatient dental treatment due to her service-connected conditions and other eligibility requirements.

The Board has reopened a previously denied claim of entitlement to service connection for a muscle strain of the lower back, as new and material evidence has been submitted. The RO must now determine if the claim is well-grounded and evaluate it on its merits.

The VA denied an increased disability evaluation for the veteran's residuals of a shrapnel wound to the right hand, currently rated at 10 percent.

The veteran is granted an effective date of December 1, 1994 for the payment of an additional dependency allowance for his spouse.

The veteran's service-connected gastrointestinal disability, manifested by partial bowel obstruction and adhesions of the peritoneum resulting in diarrhea and nausea/vomiting, is rated at 50 percent under Diagnostic Code 7301 for severe adhesions of the peritoneum. This rating is granted.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's claims for an increased rating for his service-connected hyperkeratosis pilaris and for a clothing allowance due to lack of evidence supporting the need for such allowances.

The VA determined that the appellant's spouse did not have recognized service in the U.S. Armed Forces, thus denying basic eligibility for VA dependency and indemnity compensation benefits.

The veteran's claim for additional compensation benefits for a spouse as of August 1, 1995 is denied because the latest date that qualifies for benefits is December 1998.

The veteran's post-operative sigmoid colon perforation residuals were granted compensation under 38 U.S.C.A. § 1151 due to a lack of proper skill on the part of the VA in furnishing medical and/or surgical treatment.

The Board denied the appellant's claim for basic eligibility for VA benefits because her father did not have qualifying service in the United States Armed Forces, as determined by the service department.

The veteran's claim for an increased rating for his service-connected low back disability is remanded, and the issue of secondary service connection for bilateral sacroiliac and right hip disabilities is also referred to the RO.