Other conditions Board decisions

The Board found that the appellant was at fault in creating the loan guaranty indebtedness due to his inability to rent or sell the property prior to foreclosure while also maintaining other financial obligations. The debt has been established and is valid, and the Board concluded that recovery of the debt would not be against equity and good conscience.

The Board has determined that the appellant's enlarged heart (cardiomegaly) with diastolic left ventricular dysfunction, asymptomatic and generalized myalgia are due to an undiagnosed illness. The claim for service connection for enlarged liver is denied as there is no evidence of a current diagnosis.

The veteran incurred additional disability as a result of VA treatment for Dupuytren's contracture release, which resulted in residuals. The Board found that the additional disability is compensable under 38 U.S.C.A. § 1151.

The Board finds that the removal of a portion of the right sixth rib during the veteran's hospitalization at the Shreveport VAMC in May 1990 was part of his thoracotomy and not an additional disability resulting from VA treatment. The claim is denied.

The Board denied the veteran's claim for service connection for diverticulosis, finding no competent medical evidence linking it to his service.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for chest injury residuals. The case will now be reviewed on its merits.

The Board has awarded an apportionment of $50 per month for the veteran's disability compensation benefits to the appellant, representing her two children who are not living with him and have been in his custody. The decision is based on the veteran's failure to provide child support as required by law.

The veteran's claims for service connection for a pancreatic condition and neck, arm, and back disorders were denied as his claims were not well-grounded.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of a shell fragment wound injury to the right hand, finding that the scar is tender and meets the criteria under Diagnostic Code 7804. The tremor in his right upper extremity is not related to this condition.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking the fatal glioblastoma multiforme to service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits due to bad faith on her part in failing to report all her income and net worth, leading to the creation of the overpayment.

The veteran's adult daughter, who was permanently incapable of self-support prior to her 18th birthday, is denied retroactive benefits as the claim for dependency and indemnity compensation (DIC) was not received within one year of entitlement or before her 18th birthday.

The Board has determined that the veteran's bilateral defective hearing disability is service-connected due to new and material evidence submitted by the veteran.

The Board found that the veteran's service-connected residuals of a right femur fracture are currently rated as 10 percent disabling and denied an increased rating.

The Board denied an increased rating for the veteran's service-connected prostatitis, currently rated at 20 percent.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or upon housebound status is denied as he does not meet the criteria for either benefit.

The appellant is not entitled to recognition as the surviving spouse of the veteran for purposes of VA death benefits due to her fault in causing the separation between herself and the veteran.

The Board has reopened the veteran's claim for service connection for pancreatitis due to new and material evidence presented, including a letter from Dr. Richardson dated in April 1998.

The Board denied the veteran's claim for service connection for HIV, finding that her claim was not well grounded. The veteran argued there was clear and unmistakable error in this decision.

The veteran's claim for an increased rating for his hypertensive cardiovascular disease with left ventricular hypertrophy was denied as the evidence did not meet the criteria for a higher than 30 percent rating during the period from April 20, 1994, through December 25, 1996.