Other conditions decisions — 2000

The Board found no evidence linking the veteran's pancreatic cancer to his active service, including as a prisoner of war. The claim for service connection for the cause of death was denied.

The Board has granted waiver of recovery for the overpayment of $872.00 in nonservice-connected pension benefits due to undue financial hardship.

The veteran's claim for service connection for the residuals of frozen feet is denied as there is no evidence of such a condition during his military service.

The evidence submitted since the March 1968 Board decision is new and material, allowing the veteran's claim for service connection for arthritis to be reopened.

The Board has granted a 70 percent rating for dysthymia effective from May 6, 1999. The appellant's disability is characterized by difficulty adapting to stressful circumstances, impaired impulse control, near continuous depression affecting his ability to function appropriately and effectively, and an inability to establish and maintain effective relationships.

The case is being remanded to the RO for further action, including an audit of the debt and a determination on its validity. The appellant's gambling losses should be deducted from his winnings, and VA medical records related to his pathological gambling disorder must be obtained.

The Board has determined that the veteran's claims for service connection for a joint disorder, lung disorder, and rash are not well grounded. The evidence does not support a finding of an undiagnosed illness or any other basis for service connection.

The Board has determined that the veteran's left lung injury in service resulted in current residuals of pneumonia, and there is sufficient medical evidence to support a finding that her thoracic spine disorder may be related to her military service. The claims are therefore granted.

The veteran's service-connected disabilities, including the residuals of injury to Muscle Group XVI, left thigh; residuals of injury to Muscle Group XXII, neck; and incomplete paralysis of external popliteal nerve, left, are rated at their maximum allowable levels. The RO has not granted any additional ratings for these conditions.

The veteran's diagnosed PUD with hiatal hernia, antral gastritis and duodenitis was not present in service or to a compensable degree within one year of his discharge. Therefore, the claim for service connection is denied.

The veteran's pulmonary fibrosis and emphysema prior to October 7, 1996 was productive of moderate impairment, warranting a 30 percent rating.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of additional disability resulting from the appendectomy performed at a VA facility.

The veteran's service-connected back disorder renders him individually unemployable, and the Board has granted restoration of his total rating based on individual unemployability.

The Board has determined that a rating in excess of 10 percent for the service-connected patella injury and arthritis of the right knee is not warranted based on current evidence. The veteran's disability picture does not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code.

The Board denied the appellant's claim for an increased evaluation of his service-connected herniated nucleus pulposus at C6-7, assigning a noncompensable rating initially and later increasing it to 10 percent.

The Board denied the veteran's claims for service connection and evaluation of reactive lymphadenopathy, finding no evidence of a chronic left upper extremity disability or active disease of Hodgkin's Disease.

The veteran's service-connected disabilities do not preclude him from pursuing gainful employment compatible with his education and occupational background, thus the claim for a total rating for compensation purposes based on individual unemployability is denied.

The Board found that the veteran's claim of service connection for otitis media was not well-grounded due to a lack of evidence showing current disability.

The Board denied the appellant's request for waiver of overpayment of pension benefits due to her failure to submit a timely request within 180 days from the date of notification.

The Board found that the veteran's claim for service connection for chronic lymphatic leukemia as a result of exposure to herbicides is not well grounded and denied the claim.