Other conditions decisions — 2000

The veteran's anal trauma resulting from a VA medical treatment in April 1998 is found to be the result of negligence or lack of proper skill on VA's part, and compensation under 38 U.S.C.A. § 1151 is granted.

The veteran's failure to report his spouse's income led to an overpayment of improved disability pension benefits. The Board found that the veteran had fault in creating this overpayment and denied waiver of recovery due to lack of bad faith, but concluded it would be against equity and good conscience to require repayment.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a fracture of the right little finger (5th metacarpal) resulting from treatment at a VA facility, finding no additional disability as a result of such treatment.

The veteran's appeal is being remanded for further development, including a VA examination and readjudication of his claim.

The Board denied service connection for residuals of a right femur fracture, neck injury, and excision of a birthmark from the right posterior neck due to lack of evidence supporting direct service connection.

The Board denied the veteran's claim for service connection for the cause of his death due to pancreatic cancer, finding that there was no evidence linking it to service or exposure to herbicides.

The appellant is recognized as the veteran's surviving spouse for VA benefits purposes.

The Board found that the veteran does not suffer from a current disability, diagnosed or undiagnosed, associated with numbness of the fingers and denied her claim for service connection.

The Board denied service connection for loss of the sense of smell and taste secondary to a service-connected sinusitis disability due to lack of competent medical evidence linking these conditions to service or a service-connected condition.

The Board denied increased evaluations for the veteran's varicose veins, finding that the evidence did not warrant a higher rating under either the old or new criteria.

The veteran's service-connected residuals of shell fragment wounds of the left knee, atrophy of the left thigh and calf, and residuals of arthrotomy are rated as 60 percent disabling due to arthritis with no limitation of motion. The loss of use of the left foot is already compensated under a separate rating.

The veteran's service-connected amputations have been granted increased evaluations, with the left hand condition rated at 50% and the right hand condition rated at 30%. The remaining issues on appeal are not addressed in this decision.

The Board denied service connection for arthritis, finding that the veteran's current arthritic disorders are not shown to be causally related to his active military service or to his service-connected traumatic below the knee amputation, right leg.

The Board has denied the veteran's claims for service connection for loss of sense of smell and taste, finding that there is no evidence linking these conditions to his military service.

The veteran's service-connected ulcerative colitis with the residuals of a proctocolectomy and ileostomy is rated at 60 percent, effective from June 13, 1997.

The veteran's unauthorized medical expenses incurred at Baptist Hospital on June 29, 1997 for cholecystitis were not reimbursed due to the lack of service-connected disability and other eligibility criteria.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for peptic ulcer disease, which is now well grounded. The VA will schedule a medical examination to determine if the current condition is related to military service.

The Board has reopened the veteran's claim for service connection of the residuals of a crush injury to the right cheek and jawbone, finding that new evidence supports this claim. The veteran suffered from multiple fractures in his right mandible and maxillary bones during service, which he attributes to an inservice crush injury.

The Board denied both claims for increased ratings for peritendinitis of the right and left shoulders, finding that the current disability evaluations reflect consideration of the impact on employment.

The veteran's service-connected conditions do not meet the criteria for a permanent and total disability rating for pension purposes.