Other conditions decisions — 2001

The Board denied service connection for the cause of the veteran's death and denied dependents' educational assistance benefits due to lack of well-grounded claims.

The Board has determined that the veteran's death was caused by his service-connected hypercholesterolemia, which is a well-known risk factor for myocardial infarction. The appellant is also granted eligibility for Dependents' Educational Assistance under Chapter 35 due to her husband's cause of death.

The veteran's claim for a higher evaluation of his service-connected labyrinthitis, currently rated as 30 percent disabling, to include an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1), is denied because he already has a compensable rating for the disability and there is no legal basis for a separate compensable rating for irritability of the labyrinth.

The Board found that the veteran's age and financial hardship made it against equity and good conscience to recover an overpayment of VA improved pension benefits, thus granting the waiver.

The Board has determined that the veteran's right shoulder disability warrants a rating of 30 percent, effective from the date of the decision.

The veteran's increased evaluations for residuals of left peroneal nerve palsy and residuals of left ulnar nerve paresis were denied.

The Board found that the appellant's currently diagnosed spinal stenosis at L4-L5 is attributable to his period of military duty, and thus granted service connection for this condition.

The Board denied the appellant's claim for recognition of TDK as a dependent child for VA benefits due to lack of evidence showing that the veteran was the father of TDK.

The Board denied the appellant's claim for waiver of overpayment of DIC benefits, finding that she did not file a timely request within 180 days of being notified of the debt.

The veteran's claims for service connection for a skin disability secondary to exposure to Agent Orange and an increased rating for his left knee impairment are being remanded for further development.

The Board found that the veteran's VA compensation was properly reduced on account of his incarceration, and thus denied the appeal.

The Board found that the veteran's osteoarthritis of multiple joints was not incurred in or aggravated by service, nor may it be presumed to have been. The claim for service connection was denied.

The veteran's loss of sight in the right eye was found to be a result of VA cataract surgery, but nerve damage to the right eye is not considered due to VA fault. The claim for vision impairment is granted, while the claim for nerve damage is denied.

The veteran's appeal for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $5,956 was denied due to bad faith shown by the veteran.

The Board denied an earlier effective date for a 30% rating for right hip disability, finding that the evidence did not support such a rating prior to February 11, 2001.

The Board has determined that the August 1984 rating decision granting service connection for surgical removal of the metatarsal heads and assigning noncompensable evaluations was not clearly and unmistakably erroneous.

The Board has remanded the case for additional development and readjudication due to changes in VA law, including the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's claim of service connection for a cardiovascular disorder is granted, with no specific rating assigned and without an effective date provided. The decision is based on direct service connection rather than any presumption or exposure basis.

The Board denied the veteran's claim for service connection for liver cysts as not well-grounded, citing lack of evidence linking the condition to her period of active service.

The Board found no fault on the part of the veteran and concluded that repayment of the overpayment would not be against equity and good conscience.