Other conditions decisions — 2001

The veteran's service-connected painful left great toe with fracture of the tibial sesamoid results in severe disability, but does not meet the criteria for a higher rating due to loss of use of the foot.

The Board has denied the veteran's claims for increased ratings for his service-connected splenectomy, midline abdominal scar, and left lateral scar of the abdomen. The evidence does not support an increase in disability rating for any of these conditions.

The Board has determined that the delay in diagnosing and treating the veteran's CVA resulted in increased disability, warranting compensation benefits under 38 U.S.C.A. § 1151.

The Board found that the appellant was not permanently incapable of self-support at the time of her 18th birthday due to congenital nevus, and thus denied her claim.

The Board denied the appellant's claim that her earned income should be counted as income in determining entitlement to non-service-connected death pension benefits, finding that it is countable income and thus denying the appeal.

The Board has determined that the veteran's left tonsillar pillar mass, which was first noted during service, is a condition incurred in service and grants service connection for this disability.

The veteran's claim for an evaluation in excess of 30 percent for his service-connected right thigh disability was denied by the RO. The Board notes that additional development is needed, including a VA examination to determine the current severity of the veteran's disability and whether there are any additional functional disabilities due to loss of power, weakness, fatigue, or uncertain movement.

The Board found no evidence of a current cardiac disability and concluded that the veteran's symptoms were not related to his active service. The claim for service connection was denied.

The veteran's unauthorized medical treatment for pruritus ani on March 14, 1999 was not considered an emergency that would have been hazardous to his health if delayed. The VA facilities were available the next day.

The veteran needs assistance with bathing, dressing, undressing, monitoring of medications, and compliance. The VA is required to obtain a VA examination to determine if the veteran requires regular aid and attendance.

The Board has granted service connection for genital herpes, finding that the condition is directly related to the appellant's military service.

The Board denied an earlier effective date for the award of DIC based on entitlement under 38 U.S.C.A. § 1151 due to the lack of legal merit or entitlement under the law.

The Board found that the veteran could not secure or follow a substantially gainful occupation due to his service-connected disabilities until after January 12, 1998.

The Board denied the veteran's request for waiver of recovery of overpayment of improved disability pension benefits, finding that it would not be against equity and good conscience to require repayment.

The veteran's claim for nonservice-connected disability pension was denied as he failed to report for scheduled VA examinations without good cause.

The Board has remanded the case for further development and adjudication, including seeking a VA cardiologist's opinion on whether the veteran's service-connected rheumatic fever contributed to his death. The DIC claim under 38 U.S.C.A. § 1318(b) is also being developed.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal with respect to increased ratings for residuals of right and left hip replacements (for accrued benefit purposes).

The appellant's actions leading to an overpayment of vocational rehabilitation subsistence benefits in the amount of $810.59 constituted bad faith, precluding further consideration of the waiver of recovery of the overpayment under the standard of equity and good conscience.

The veteran's post traumatic stress disorder is granted as service connected due to his in-service exposure to chemical weapons.

The Board has determined that the veteran's request for waiver of recovery of an overpayment in the amount of $23,060 is granted. The decision was based on the standard of equity and good conscience, considering factors such as the degree of fault, financial hardship caused by repayment, and whether failure to make restitution would result in unjust enrichment.