Other conditions decisions — 2000

The Board found that the overpayment of $1,714 was properly created due to the veteran's failure to notify VA promptly of his divorce. The decision also denied the waiver of recovery of this overpayment as it would not be against equity and good conscience.

The Board found that the veteran's death was not caused by his service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that there is no evidence of a stomach condition during service and concluded that the current stomach condition is not related to service. The veteran's stomach condition is attributed to alcohol abuse.

The Board denied service connection for myeloproliferative syndrome as the result of exposure to ionizing radiation due to lack of evidence linking the condition to service.

The VA awarded DIC benefits to the appellant's children, but assigned an effective date of June 1, 1994. The veteran died in May 1994 and the VA had knowledge that the appellant's son and daughter were dependents with apparent entitlement to DIC benefits.

The Board has reopened the claim for service connection for chronic degenerative disease of multiple joints (arthritis/bursitis) due to new and material evidence submitted since the last denial. However, the claim remains denied as there is no competent medical evidence showing a link between any currently shown joint disorder and the appellant's period of service.

The veteran's left knee disorder, characterized as postoperative status, left medial meniscectomy with severe degenerative changes, is currently rated at 30 percent. The Board has determined that the current rating adequately reflects the severity of his disability.

The veteran's PTSD is rated at 100 percent effective October 31, 1992. His hypertension was incurred during active service.

The Board denied the veteran's claims for service connection of a left hip disorder as secondary to his service-connected right first metatarsal fracture and denied his increased evaluations for compression fracture of L1 and right first metatarsal fracture, finding that he failed to report for VA examinations without good cause.

The Board has determined that the veteran's claim of entitlement to service connection for a skin disorder is well grounded. The examiner diagnosed chronic idiopathic urticaria, which was attributed to 1991 and thus established as originating in service.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA Chapter 30 educational assistance benefits in the amount of $1,051.11 due to fault on the part of the veteran and lack of financial hardship.

The Board has determined that the appellant did not have a valid marriage to the veteran at the time of his death, and thus is not entitled to recognition as his surviving spouse for VA benefit purposes.

The Board has determined that the veteran's decreased right eye visual acuity resulting from his 1992 cataract surgery is an unintended consequence of the treatment, and thus compensable under 38 U.S.C.A. § 1151.

The veteran's hiatal hernia with deformity of the duodenal bulb was granted a 30% rating effective September 5, 1997. The condition had been service-connected since February 24, 1993.

The veteran was granted service connection for fecal incontinence and neurogenic bladder, both secondary to his service-connected ankylosis of the left hip joint and status postoperative arthroplasty of the right hip joint. The effective date is August 1, 1998.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the loss of vision in his right eye was not caused by the June 1988 surgery at a VA facility.

The Board denied the overpayment of improved death pension benefits and the request for waiver of recovery, stating that the existence of the overpayment has not been properly determined.

The veteran's chronic chest pain, which required medication for relief, had its onset during her military service and is now granted as service connection.

The veteran's claim for a compensable evaluation for her bilateral tubal ligation is being remanded due to the need for further development, including a VA gynecological examination.

The Board denied the appellant's request to waive recovery of a loan guaranty indebtedness due to his fault in creating the debt and lack of undue hardship. The decision found that the appellant defaulted on his mortgage payments multiple times, primarily due to financial difficulties caused by unexpected medical expenses and unemployment.