Other conditions decisions — 2001

The Board has determined that the effective date for a 30 percent evaluation for residuals of gunshot wound to the left lower extremity is August 17, 2000.

The Board found that new and material evidence has not been submitted to reopen the claim for service connection for Buerger's Disease. The veteran was denied a total disability rating based on individual unemployability.

The VA determined that the veteran's residuals of a laceration to the left hand warrant a rating of 40 percent, effective June 10, 2000.

The VA denied an increased rating for the veteran's service-connected atrophy of the right testicle, which is currently rated as 10 percent disabling. The appeal was also not granted for an extraschedular evaluation.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's service-connected postoperative residuals of a left hand injury do not warrant an initial rating in excess of 10 percent.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for a skin disorder and multiple aching joints due to exposure to Agent Orange, and thus denied these claims.

The Board denied service connection for the veteran's claimed conditions, finding that his developmental neuro-muscular disorder was not incurred or aggravated during military service.

The Board has determined that the veteran's $2,880 overpayment of pension benefits was properly created and calculated. The Committee found no indication of fraud or bad faith on the part of the veteran in creating this debt. However, recovery would cause undue hardship due to the veteran's financial situation. Therefore, waiver of recovery is granted.

The Board of Veterans' Appeals (BVA) has determined that the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $21, 344 was timely filed and therefore granted.

The Board has determined that the veteran's dysthymic disorder developed secondary to service-connected disabilities. The claim for service connection for a neck disorder, however, was not reopened due to lack of new and material evidence.

The Board denied the veteran's claims for increased ratings for his service-connected psychoneurosis and sinus bradycardia, as well as a claim for a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not support an increase in evaluation or entitlement to a total disability rating.

The Board has denied the veteran's claim for service connection for body-wide arthritis, finding that new and material evidence had not been submitted to reopen a previously denied claim.

The Board denied the veteran's request for a waiver of recovery of his Chapter 30 educational benefits, finding that repayment would not be against equity and good conscience due to the veteran's fault in accepting full-time benefits he was not entitled to.

The veteran's overpayment of improved disability pension benefits is being reviewed due to his belief that the amount was incorrect. The issue will be remanded for further adjudication.

The veteran's unauthorized medical expenses incurred for a non-service connected heart attack were denied as VA did not provide prior authorization and the condition was not service-connected.

The Board has determined that the veteran does not have current disabilities related to a flash burn incident during service, and thus cannot establish service connection for residuals of a flash burn to the left facial area or eyes.

The Board is remanding the case to obtain clarification of the appellant's service dates, additional medical records, and a VA examination to determine if the appellant has any respiratory disorders related to asbestos exposure.

The Board denied service connection for liver disease as due to exposure to herbicides in service and denied the claim for hernias below the stomach and around the small intestine, in the naval area, and in the groin area. The veteran's daughter provided a statement indicating that her father developed abdominal hernias during service due to carrying heavy loads.

The Board determined that new and material evidence had not been submitted to reopen the claim for service connection for xerostomia, a dry mouth disorder. The RO then adjudicated the claim on a de novo basis and concluded that service connection was not warranted due to lack of evidence linking the condition to service or exposure to ionizing radiation.