Other conditions decisions — 2000

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that new and material evidence had not been submitted to reopen the claim.

The Board has reopened the veteran's claim for service connection for a back disorder, which is now considered to be causally connected to an inservice injury. The evidence submitted since the last final decision supports this conclusion.

The Board denied the veteran's claims for service connection for ulcer disease, cardiac disorder, and cerebrovascular accident with residuals. The claim for PTSD was also not well-grounded.

The Board denied the veteran's claim for basic eligibility for nonservice-connected pension benefits due to a lack of qualifying active duty service, as certified by the service department.

The Board has determined that a remand is necessary to obtain updated VA treatment records and conduct a new VA examination for the veteran's conversion neurosis. The service connection claim for PTSD remains pending.

The Board denied the veteran's request for waiver of recovery of overpayment of improved disability pension benefits, finding that it would not be against equity and good conscience to require repayment.

The Board has denied the claim for an earlier effective date for service connection of T5 paraplegia, finding that there was no medical opinion linking the condition to in-service disease or injury prior to February 3, 1992.

The Board found no causal relationship between the veteran's taking of Motrin and his development of diffuse large cell histiocytic gastric lymphoma, thus denying compensation under 38 U.S.C.A. § 1151.

The Board finds that the claim of entitlement to service connection for colon disease, to include diverticulosis and diverticulitis is well grounded. The veteran's current disability is related to his gastrointestinal problems during service.

The veteran's claim of a higher rating for PTSD is being remanded due to the need for additional evidence, including treatment records from his therapists and psychiatrist.

The Board has determined that the veteran's claim for service connection for a dorsal spine disability is well grounded, and his claim for service connection for an abnormal ECG is also well grounded.,Regarding the low back disability, the evidence does not meet the criteria for a compensable evaluation.

The Board has denied the veteran's claims for service connection for varicose veins of the right lower extremity and an increased evaluation for varicose veins of the left lower extremity. The July 1994 RO rating decision that initially denied these claims is final.

The Board has determined that the overpayment of disability compensation benefits for the period from September 1, 1979 to August 31, 1991 should be waived due to significant fault on the part of the veteran. The recovery of the overpayment covering the period from February 1, 1979 through August 31, 1979 is also granted.

The VA determined that the veteran's service-connected residuals of a tonsillectomy do not warrant an increased rating as there is no evidence of current symptoms or impairment.

The Board found that the veteran's overpayment of pension benefits was properly created due to his intentional failure to report income, and denied a waiver of recovery.

The Board denied the claim of service connection for the cause of the veteran's death due to an acute myocardial infarction and atherosclerotic disease, finding that there was no evidence of nicotine dependence in service or that the veteran's smoking-related death was caused by in-service smoking rather than post-service smoking.

The veteran's appeal is being remanded for additional development, including obtaining private medical records and providing the veteran with a new compensation examination. The issues of service connection for a cardiovascular disorder secondary to medication prescribed for his gastrointestinal disability and total disability rating based on individual unemployability are also referred back to the RO.

The Board found no evidence of a current neck disability and concluded that the appellant's claim for service connection was not well-grounded. The claim is denied.

The veteran's claims for increased ratings for residuals of a missile wound of the back and a fracture of the right radial styloid with degenerative joint disease are both granted, with each receiving a 10% evaluation.

The veteran is not entitled to payment for unauthorized dental services from August 18, 1998 through November 5, 1998 due to lack of preauthorization and the treatment was not in an emergency situation.