Other conditions decisions — 2000

The Board denied the veteran's attempt to reopen his claim for service connection for meningitis, finding that no new and material evidence had been submitted.

The Board denied the waiver of an overpayment of Department of Veterans Affairs (VA) pension benefits due to the appellant's failure to accurately report additional income, which was deemed a willful misrepresentation and bad faith.

The veteran's claim for an increased evaluation for his service-connected left varicocelectomy and hydrocelectomy was denied as he failed to report for scheduled VA examinations without good cause.

The Board has dismissed the case as it lacks jurisdiction to review the direct-payment contingency fee agreement between the veteran and his attorney.

The Board found that the appellant's appeal was not timely and dismissed her claim for basic eligibility to Chapter 35 educational assistance benefits.

The Board found that the veteran did not demonstrate fraud, misrepresentation or bad faith in connection with this matter and thus waived recovery of the overpayment of $1,088.00.

The Board has granted the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for residuals of a perianal abscess and has also granted an increased rating to 30 percent for peritoneal adhesions.

The Board denied the veteran's claim for service connection for cardiomyopathy, which he claimed was secondary to his nicotine dependence. The evidence did not support a finding that the veteran's nicotine dependence caused or aggravated his heart condition.

The Board has determined that the veteran's claims for service connection for bilateral ear disorders and a bilateral hand and foot disorder are not well grounded, as there is no medical evidence relating these conditions to his period of active service.

The VA determined that the veteran's service-connected left middle finger fracture with periostitis does not warrant a compensable evaluation due to normal physical examination findings and no significant functional impairment.

The veteran's request for a waiver of the overpayment of improved disability pension benefits in the amount of $2,764 was denied by the Board. The decision found that recovery would not be against the principles of equity and good conscience.

The Board finds that the veteran's residuals of an ulcer, including partial gastrectomy, were incurred during active duty service and grants service connection for these conditions.

The Board has determined that additional medical records and a medical opinion are needed to determine if the veteran's death was related to military service or other causes.

The Board has determined that the appellant's non-Hodgkin's lymphoma is a subtype of non-Hodgkin's lymphoma and was incurred during active duty due to exposure to Agent Orange. As such, service connection for this condition is granted.

The Board denied the appellant's claim for apportionment of her estranged spouse's nonservice-connected pension benefits, finding that it would cause undue hardship to both the veteran and the appellant.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound from March 1, 1998 to May 11, 1999 was denied as he did not meet the criteria for such benefits.

The Board denied the veteran's attempt to reopen his claim for service connection for hearing loss, finding that the evidence submitted was not new and material.

The Board found that the appellant's attention deficit disorder was not aggravated by his military service and granted service connection for this condition.

The Board denied the veteran's claims of service connection for upper respiratory infection and sinus condition, finding that her assertions were not supported by competent medical evidence. The claim for service connection for convergence insufficiency and astigmatism was also denied.

The veteran's claimed disabilities, including narcolepsy, chest pains, respiratory problems, and droopy eyelids and pain in both eyes, are not considered to have been caused or aggravated by his hospitalization at VA in October-November 1975.