Other conditions Board decisions

The Board finds that the veteran did not engage in fraud, misrepresentation, or bad faith when creating the overpayment. The issue of whether recovery would be against equity and good conscience is referred to the originating agency for further consideration.

The Board found that the appellant's Section 306 death pension benefits were properly terminated effective January 1, 1990 due to excess income.

The Board denied the veteran's claim for an increased rating for fibromyositis of the left trapezius muscle, finding that the manifestations do not demonstrate limitation of motion to 25 degrees from the side. The issue of entitlement to an extraschedular rating under 38 C.F.R. § 3.321(b)(1) was also denied.

The Board found that the veteran's claim of service connection for a bladder condition was not well-grounded and denied it.

The VA denied an increased evaluation for the veteran's service-connected herniated nucleus pulposus at L4-5, finding that his condition is manifested by some tenderness and pain with moderate limitation of motion.

The Board denied the veteran's claim for service connection for systemic lupus erythematosus (SLE) due to a lack of evidence linking the condition to service or any other factor.

The Board has granted a 20 percent rating for the veteran's residuals of a right mandible fracture, effective from June 16, 1997. The claim for a compensable rating for his left lower extremity laceration is also granted.

The Board has determined that the reduction of the veteran's 100 percent evaluation for disseminated coccidioidomycosis to noncompensable was improper and restored the rating to 100 percent effective May 1, 1995.

The Board has granted a 20 percent rating for the veteran's post-operative residuals of a right knee disorder, finding that her symptoms warrant this level of disability.

The Board found that the appellant's claim for service connection for the cause of the veteran's death is not well grounded due to a lack of evidence linking any service-connected disability to the veteran's death. The issue of entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1318 will be addressed in the remand that follows this decision on the merits.

The veteran's request for waiver of recovery of an overpayment of VA Chapter 31 vocational rehabilitation benefits was denied due to the lack of fault on his part in creating the overpayment, but also considering that recovery would not be against equity and good conscience.

The Board has determined that the veteran's mesenteric artery occlusion with ischemic bowel and left popliteal artery thrombosis is secondary to his service-connected organic heart disease due to coronary atherosclerosis, warranting continued service connection. The evaluation for his organic heart disease remains at 60 percent.

The veteran's appeal is being remanded to obtain additional medical records and conduct a VA eye examination to determine the extent of his visual fields restriction. The case will be evaluated again after these actions.

The Board has determined that the veteran's service-connected left maxillary fracture residuals do not warrant a compensable evaluation, as they are primarily manifested by pain and difficulty chewing hard foods with no evidence of displacement.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no competent evidence linking his death to his service-connected disabilities.

The Board found no fault on the part of VA and denied compensation under 38 U.S.C.A. § 1151 for residuals of amputation of the left leg due to osteomyelitis.

The veteran's bilateral varicose veins are currently rated at 30 percent, which is the maximum rating available under the applicable criteria. The disability picture does not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits in the calculated amount of $24,190 due to his fault in creating the overpayment.

The Board has remanded the case due to issues regarding a dorsal spine condition and its relationship to service or service-connected disabilities. The veteran needs additional medical development, including obtaining X-rays and conducting a VA examination.

The veteran's service-connected right nephrolithiasis and inguinal hernia have been rated at the maximum allowable under VA guidelines. The Board has found no basis for a higher evaluation.