Other conditions Board decisions

The Board has determined that the veteran's post-operative residuals of a herniated disc at L4-5 qualify for a 60 percent evaluation, which is the highest available rating under Diagnostic Code 5293.

The Board found that a sinus disorder did not arise during active military service and is not related to any disease or injury in active military service.

The Board has granted service connection for the cause of the veteran's death and established basic eligibility for Dependents' Educational Assistance under Chapter 35.

The veteran's service-connected mixed urinary incontinence status post Burch procedure with paravaginal repair is currently rated at 60 percent from March 21, 2000. The evidence does not support a higher rating for this period.

The VA has determined that the veteran's amnestic disorder warrants a 30 percent disability rating, effective from the date of his separation from active military service.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the lung with right pneumonectomy, finding no direct evidence linking it to his military service or herbicide exposure.

The Board has determined that the appellant's left eye conditions, including impaired vision due to refractive error and presbyopia, are not service-connected as they are considered natural aging processes. The vitreous detachment of the left eye is also deemed a result of natural aging.

The veteran's claim for an extension of his basic 10-year period of eligibility for receiving educational assistance benefits under the Montgomery GI Bill was denied as he did not serve a later period of active duty nor was he prevented from pursuing or completing his program of education prior to October 1999 due to a disability.

The Board has determined that the current evaluation of 10 percent for the veteran's service-connected left heel spur is appropriate and denied an increased rating.

The Board found that the veteran does not have any residuals of aseptic viral meningitis which can be related to his period of service and denied his claim for service connection.

The Board denied an increased rating for the veteran's service-connected laparotomy scar, finding that the current evaluation of 10 percent is the highest possible under the applicable criteria.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 as his current disability of the neck and left upper extremity did not result from VA treatment performed in April 1996.

The Board found no residuals of a cold injury were incurred in or aggravated by active service.

The veteran's nicotine dependence, which began in service and continued post-service, was found to be the immediate or underlying cause of his death. Service connection for this condition is granted.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because he passed away during the appeal process.

The Board has determined that the veteran's degenerative joint disease with nerve impingement of the lower back is proximately due to or the result of his service-connected right peroneal nerve palsy.

The VA determined that the veteran's arthritis of multiple joints, including his back pain, was not incurred in service.

The VA denied a compensable evaluation for the veteran's service-connected diplopia, finding that it is occasional and correctable.

The Board denied the veteran's request for waiver of recovery of an overpayment of education benefits, finding that there was fault on the part of the veteran in creating the overpayment and no fault on the part of VA. The decision concluded that recovery would not be against equity and good conscience.

The Board found that the appellant did not file a timely claim for waiver of recovery of an overpayment of $8,440 in improved death pension benefits. The Committee granted a partial waiver of this debt.,Regarding the remaining overpayment of $10,106, the Committee denied the request for waiver due to the appellant's fault in creating the overpayment and lack of financial hardship.