Other conditions decisions — 2000

The Board denied the appellant's request for waiver of recovery of an overpayment of VA improved death pension benefits, finding that the overpayment was properly created and that recovery would not be against equity and good conscience.

The Board has remanded the case due to a change in the law regarding service connection claims and the need for additional medical records.

The Board has denied the veteran's claims for service connection for arthritis and tendinitis of the right knee, as well as his claim for an increased rating for residuals of a right knee scar. The RO previously granted service connection for the right knee scar but assigned a noncompensable evaluation.

The Board denied the veteran's request for a waiver of recovery of loan guaranty indebtedness due to fault on his part and inability to pay, but found no evidence of fraud or bad faith. The Board concluded that recovery would not be against equity and good conscience.

The veteran's epigastric pain resulting from a liver bulge was incurred during active service and has been granted service connection.

The Board of Veterans' Appeals (Board) has determined that the appellant does not have valid military service and therefore is not eligible for VA benefits.

The veteran's service-connected residuals of a stress fracture to the left 2nd metatarsal are rated at 10 percent, effective from June 3, 1997. The claim for higher initial rating is granted.

The veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the 180-day period following notification.

The veteran's claims for service connection for amyotrophic lateral sclerosis, increased ratings for thrombophlebitis of the legs, and SMC based on loss of use of both lower extremities were denied. The Board found that there was no evidence to support these claims.

The veteran's service connection for dental trauma resulting in the extraction of tooth number twelve is granted.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims of service connection for spastic colitis and a hypotonic stomach. The veteran's current gastrointestinal conditions are not considered related to his military service.

The veteran's hiatal hernia residuals are currently rated at 10 percent, but the Board finds that a higher rating of 20 percent is warranted due to his symptoms being alleviated by surgery.

The Board found that the veteran's complaints of foot pain were not related to his service-connected frozen feet and did not meet the criteria for a compensable evaluation.

The veteran's gout is currently rated at 20 percent and the effective date for this rating remains unknown.

The Board has granted a 30 percent rating for the appellant's hallux valgus deformity with bunions and hammertoes of the second, third, and fourth toes of the left foot, effective from the date of receipt of his claim on October 9, 1997.