Other conditions decisions — 2000

The Board denied service connection for a benign chromophobe adenoma of the pituitary gland, finding that it was not incurred or aggravated by service and could not be presumed to have been so incurred due to exposure to ionizing radiation.

The VA denied the veteran's claim for an increased evaluation of his right knee disability, finding that the current 20 percent rating adequately reflects the severity of his condition.

The Board has restored the veteran's 10 percent disability rating for keratoconus of his right eye, finding that there is no evidence to show an improvement in his condition since service.

The Board has ordered the RO to consider additional evidence submitted by the appellant and to provide a supplemental statement of the case. The veteran was also given an opportunity to request a hearing before a member of the Board at the RO, but no such hearing was scheduled.

The veteran's left knee disabilities, including arthritis and instability, are currently rated at 10 percent. The Board finds that the evidence does not support an increase in these ratings.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for decreased visual acuity of the left eye due to VA surgical treatment in November 1995 is denied as not well-grounded.

The Board has determined that the appellant did not have valid military service with the United States Armed Forces, and therefore is not considered a 'veteran' for purposes of receiving VA benefits.

The Board has granted the waiver of repayment for overpayment of non-service connected death pension benefits in the amount of $7,049.00 due to the appellant's fault and considering her financial situation.

The veteran is seeking an increased rating for her service-connected thoracic spine disability, currently rated at 10 percent. The RO has remanded the case to allow for further examination and assessment of the veteran's condition.

The Board denied a waiver of recovery for an overpayment of improved Department of Veterans Affairs (VA) pension benefits in the amount of $10,697 due to the veteran's failure to report income changes promptly. The decision found that the veteran contributed to the creation of the debt and that collection would not result in financial hardship or deprivation of basic necessities.

The veteran is dissatisfied with the initial 20 percent rating assigned for his service-connected residuals of a stroke (a small left thalamic infarct), secondary to hypertension. The RO has increased the rating to 20 percent, effective April 1, 1997.

The Board has determined that the cause of the veteran's death, severe cerebral laceration due to or as a consequence of gunshot wound of the mouth, is not service-connected.

The Board denied the veteran's claims for service connection for a skin disorder and right great toe disorder in June 1991. The current evidence does not provide new and material evidence to reopen these claims.

The Board denied the veteran's claim for service connection for Peyronie's disease, finding that there was no evidence to support a relationship between his radical prostatectomy and the development of Peyronie's disease.

The Board found that the apportionment award was appropriate and did not cause undue hardship to the veteran, as it does not detract from his entitlement to VA pension benefits.

The Board has determined that the preponderance of the evidence is against the veteran's claim for service connection for degenerative joint disease of the spine, as there is no showing of arthritis during or within one year after service and the current condition is not related to his parachute injury.

The VA determined that the veteran's bilateral varicose veins did not warrant an evaluation in excess of 30 percent.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a right leg injury, finding that new and material evidence sufficient to warrant reopening had not been submitted.

The Board has determined that the denial of the veteran's request for a treadmill is not within its jurisdiction due to it being a medical determination.

The Board has denied the veteran's claims for an increased evaluation and earlier effective date for service connection of post-traumatic-stress-disorder. The veteran was previously denied service connection in 1976, but his claim was reopened due to new evidence submitted by him.