Other conditions decisions — 2000

The Board has ordered a remand to address whether the overpayment in question was properly created, and for this issue to be addressed in an appropriate statement of the case.

The Board found that the veteran's death was due to non-Hodgkin's lymphoma, which is not service-connected. The evidence did not show exposure to ionizing radiation in service and no other service-connected disability contributed substantially or materially to his death.

The Board found that the garnishment of the veteran's VA compensation benefits is proper and denied the appeal.

The Board denied the veteran's claim to reopen his service connection for arachnoid cysts, which he argued was secondary to exposure to Agent Orange. The issue of an initial evaluation in excess of 30 percent for residuals of a myocardial infarction is not addressed.

The Board denied the veteran's claims to reopen her service connection for neck disorder and dizziness, finding no new evidence presented that would change the outcome.

The Board has determined that the veteran's claims for service connection for residuals of an upper front tooth injury and tongue disability are not well-grounded, as there is no evidence linking these conditions to his period of active service. The claim for outpatient dental treatment by VA was also denied due to lack of a service-connected condition.

The veteran's claim for an employment adjustment allowance was denied as he did not meet the criteria for termination of rehabilitation to the point of employability status, and his argument that he should be deemed rehabilitated does not change this determination.

The Board has determined that the appellant does not have mitral valve prolapse disease, and her syncopal episodes are best diagnosed as neurocardiogenic syncope. The claim for service connection for hypoglycemia is denied due to lack of evidence showing a current disability.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his left hip disability was caused by VA hospitalization or medical/surgical treatment, and there was no indication of fault on VA's part.

The Board has determined that the effective date for the award of a total rating based on individual unemployability is December 12, 1996. This decision was made because there is evidence showing an increase in disability related to the service-connected left leg condition as it relates to the veteran's ability to obtain and maintain substantially gainful employment.

The Board has granted the veteran's claim for an earlier effective date of May 18, 1998 for a 70 percent evaluation for service-connected panic disorder with dysthymia.

The Board has determined that a partial waiver of recovery of an overpayment of compensation benefits on behalf of a dependent spouse in the amount of $3,255 is warranted.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death due to esophageal cancer, which was caused by mustard gas exposure during World War I. The claim is granted.

The Board denied the appellant's claims for service connection for the cause of her husband's death, eligibility for dependents' educational assistance benefits under 38 U.S.C.A. Chapter 35, and eligibility for DIC benefits pursuant to the provisions of 38 U.S.C.A. § 1318 due to a lack of well-grounded evidence.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for osteomyelitis of the left thigh.

The veteran's service-connected right fifth metacarpal head fracture and granulomatous lung disease with calcified perihilar nodes and calcified granulomas are currently asymptomatic, and thus do not warrant compensable evaluations. The veteran's claim for a 10 percent evaluation based on multiple, noncompensable service-connected disabilities is also denied.

The Board has determined that the claim for service connection for the cause of the veteran's death is not well-grounded because there is no evidence showing a service-connected disability caused or contributed to cause the veteran's death.

The veteran's appeal is about the assigned rating for emphysema prior to October 7, 1996, including entitlement to a total disability rating based on individual unemployability. The case must be remanded due to incomplete records and need for clarification regarding the veteran's employment status.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to Dependents' Educational Assistance benefits, finding that there was no evidence linking the veteran's death to service or his service-connected disabilities.

The veteran's claim for an earlier effective date for service connection and compensation for a psychiatric disorder is denied.