Other conditions decisions — 2001

The Board found that recovery of the overpayment would be against equity and good conscience due to VA's failure to take appropriate steps in determining the source of additional income reported by the veteran.

The Board has determined that a compensable rating of 10 percent is warranted for the veteran's service-connected left little finger injury, considering the benefit of doubt in favor of the veteran.

The Board has granted service connection for the veteran's residuals of a nose injury, finding that it is related to his active duty service.

The Board has determined that the veteran's left foot bunion and hammertoes are not related to his service-connected left knee disability, and thus denied the claim for secondary service connection.

The veteran's service-connected depressive reaction (dysthymia) is currently rated at 50 percent disabling. The Board found that the evidence does not meet the criteria for a higher rating, as the veteran did not demonstrate significant occupational and social impairment.

The veteran's service-connected residuals of glomerulosclerosis with nephrotic syndrome are rated at 30 percent effective December 1, 1999.

The VA denied the veteran's claim for a higher initial disability rating for right forearm tendonitis, which was initially rated as noncompensably disabling from July 1, 1997.

The Board denied an increased rating for manic depressive illness, finding that the veteran's current symptoms do not meet the criteria for a higher disability rating.

The Board has determined that the veteran's request for a waiver of overpayment of improved pension benefits was timely filed and granted.

The Board has determined that the veteran's right elbow disorder and right TMJ disorder are service-connected, with no specific rating assigned or effective date provided.

The veteran's appeal for a total rating based on individual unemployability due to service-connected disabilities has been dismissed because the veteran died during the pendency of the appeal.

The Board has determined that the July 1988 rating decision assigning a 30 percent disability rating for dysthymic disorder was not clearly and unmistakably erroneous. The appellant's dysthymic disorder is manifested by suicidal ideation, depressed mood, sleep impairment, difficulty in adapting to stressful circumstances, and an inability to establish effective relationships.

The veteran is seeking service connection for limb movement of sleep, also claimed as a sleep disorder. The Board has determined that additional development is needed to determine the nature and etiology of this condition.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of a current disability resulting from VA medical treatment.

The Board has reopened the veteran's claim for service connection for a cardiovascular disability, but further development is needed before deciding on the merits of the case.

The Board denied an increased rating for post-operative bladder (urinary) neck obstruction, finding that the disability is manifested by obstructed voiding and urinary retention requiring intermittent or continuous catheterization. The veteran's symptoms do not meet criteria for a higher evaluation.

The veteran's service-connected residuals, right tibia and fibula fractures are currently rated at 10 percent. The Board found that the disability does not warrant a higher rating based on current evidence.

The VA denied a rating in excess of 20 percent for the veteran's service-connected varicose veins of the right leg, finding that the symptoms were productive of pain and eczema but not persistent swelling.

The Board of Veterans' Appeals denied the veteran's claim for service connection for respiratory disorder, dizziness, chest pains, and fatigue as due to herbicide exposure in Vietnam. The denial was based on a lack of medical evidence showing a current disability related to herbicide exposure.

The Board denied the veteran's request to reopen his claim for service connection for a stomach disorder, including peptic ulcer disease. The evidence submitted since the last final denial was found to be cumulative and did not provide new or material information.