Other conditions decisions — 2001

The Board found that the appellant did not act in bad faith and concluded that she was at fault for failing to report additional income from interest. The decision grants the waiver of overpayment, as recovery would not be against equity and good conscience.

The veteran's right eye optic neuritis with scotoma and maculopathy is currently rated at 20 percent, the maximum rating available under VA guidelines. The evidence does not support a higher rating as his visual acuity in both eyes is within the range that warrants a 20 percent evaluation.

The Board found no evidence of a pre-existing condition worsening during service and no current disability linked to the veteran's period of service. The claim for service connection was denied.

The Board denied the veteran's claim for service connection for defective vision, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Board has denied the veteran's claims for increased evaluations for his shell fragment wound residuals, finding that the evidence does not meet the criteria for a compensable evaluation under the applicable rating schedule.

The Board denied service connection for the cause of death and denied Dependents' Educational Assistance (DEA) benefits because there was no evidence linking the veteran's service-connected conditions to his death or to any exposure in service.

The VA determined that the veteran's PTSD does not cause significant impairment, as his symptoms do not meet the criteria for a higher rating. The current evaluation of 50 percent is maintained.

The veteran's appeal was denied as she did not meet the criteria for education benefits under the Montgomery GI Bill (38 U.S.C.A. Chapter 30) for a 1 unit physical education course due to her program of education already requiring or having fulfilled its physical education requirements.

The veteran is seeking an increased rating for his service-connected low back disability, which has been rated at 20 percent. The RO must obtain additional medical evidence and conduct further examinations to determine the appropriate rating based on the current functional limitations of the veteran's low back.

The Board denied the veteran's claim for service connection of a pulmonary disorder, finding that there was no evidence linking his current condition to service or exposure to asbestos during service.

The Board found that an increased apportionment was proper, as it did not cause undue hardship for the veteran considering his financial situation.

The Board found that the veteran's schizo-affective disorder was incurred in service and granted service connection.

The Board denied the veteran's claims for service connection for panic disorder with agoraphobia secondary to his service-connected Minocin hyperpigmentation and an increased rating for bilateral defective hearing.

The Board denied a compensable rating for the veteran's service-connected left varicocele due to lack of symptoms and normal physical examination findings.

The Board has granted service connection for the veteran's acute myocardial infarction sustained during a period of inactive duty training.

The Board has restored the veteran's disability rating for his service-connected postoperative gastric resection for duodenal ulcer with vagotomy, Billroth II anastomosis, and dumping syndrome to 40 percent effective from October 29, 1993.

The Board has determined that the veteran does not currently have adjustment disorder or thrombophlebitis, and thus service connection for these conditions is denied.

The Board denied the appellant's request for an earlier effective date for the grant of death pension benefits, finding that the claim was not timely filed.

The veteran's left patellofemoral syndrome has not resulted in extension limited to 10 degrees, flexion limited to 45 degrees or slight recurrent subluxation or lateral instability since June 12, 1998. Therefore, the current rating assigned is denied.

The Board found that the veteran's arteriosclerotic cardiovascular disease, which caused his death in December 1997, was not incurred or aggravated by service. The appellant's statements regarding a heart attack and hypertension during service were deemed without probative value due to their lack of contemporaneous nature and reliance on medical records from service providers.