Other conditions decisions — 2000

The Board denied the appellant's request to waive recovery of overpayment of non-service connected pension benefits, including special monthly compensation for regular aid and attendance due to his bad faith in not reporting income.

The veteran's death was caused by a sudden cardiac event, not related to the head trauma or subdural hematoma resulting from his fall at the VA medical center. The Board found that the preponderance of evidence does not support service connection for the cause of death.

The veteran's unauthorized non-VA hospitalization for a myocardial infarction in November 1989 was not covered by VA because prior authorization was not obtained, and the treatment did not meet the legal criteria for payment or reimbursement under VA regulations.

The Board has determined that the veteran's nevoid telangiectasia, a skin disorder, was incurred during his active service.

The Board found that the cause of death, sudden coronary occlusion due to arteriosclerotic cardiovascular disease, was not caused by or a result of service-connected conditions. The appellant's assertions regarding pre-service heart problems and treatment within one year after separation were deemed insufficient evidence.

The Board has denied the veteran's claim for an increased evaluation for his service-connected spontaneous pneumothorax, postoperative disability, as there is no evidence that it results in symptoms warranting a higher rating under VA's schedular criteria.

The Board found no evidence linking the veteran's obstructive airway disease to his military service or any undiagnosed illness, and thus denied service connection for both.

The Board found that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct, which constitutes a bar for VA benefits.

The Board denied the veteran's request to restore a 20 percent evaluation for decreased visual acuity in the left eye, finding no basis for restoration.

The veteran's claim for an increased evaluation of his service-connected left hand disability is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The veteran's claim for service connection for mitral valve prolapse with heart murmur and arrhythmia, which is secondary to her service-connected thyroid condition, was denied by the VA Regional Office.

The veteran's overpayment of improved disability pension benefits is waived due to the court finding it against equity and good conscience to recover the amount, given his severe psychiatric condition and current financial hardship.

The Board denied the veteran's claim for an increased disability rating for his service-connected psychophysiological gastrointestinal reaction manifested by gastrointestinal disease, currently evaluated at 10 percent.

The Board of Veterans' Appeals has denied the veteran's claim for an increased rating for his service-connected residuals of jungle rot, both legs. The appeal is based on the current evaluation of 10 percent.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Francis Hospital from December 11, through December 18, 1991 is denied as the VA staff physician determined that his condition was non-emergent when he was transferred to St. Francis Hospital and he could have sought treatment at a VA facility.

The Board denied the veteran's claim of entitlement to service connection for the residuals of a right hand burn, finding that there was no competent medical evidence linking any current disability to his in-service burn injury.

The veteran's reported unreimbursed medical expenses for the 1998 calendar year were timely submitted and may be used to reduce his countable income for that annualized period, thus granting him entitlement to nonservice-connected pension benefits.

The Board has remanded the case due to the need for a more contemporaneous examination of the veteran's circumcision residuals.

The Board has determined that the veteran's shell fragment wound residuals of the right leg and gunshot wound residuals of the right arm do not warrant an increased rating as they are consistent with moderate disability under both old and new rating criteria.

The case is being remanded due to the lack of service medical records and for clarification on whether the appellant desires a BVA hearing.