Other conditions decisions — 2001

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits, finding that recovery would not be against equity and good conscience.

The Board has granted service connection for a respiratory disorder due to undiagnosed illness incurred during the veteran's Persian Gulf War service.

The Board denied the veteran's claim for service connection for dermatophytosis, claimed as foot fungus, due to a lack of evidence showing any relationship between the current condition and his military service.

The Board has determined that there is new and material evidence to reopen the veteran's claim of entitlement to service connection for keloids. The case is remanded for further development, including a VA examination.

The Board denied the veteran's claim for an increased evaluation for her residuals of a fracture of the right femur, finding that the current rating of 20 percent is appropriate based on the evidence showing no additional limitation of motion or functional impairment beyond what is contemplated by the currently assigned disability rating.

The Board denied the claim for an increased evaluation for speech disorder, finding that the veteran's service-connected condition did not result in considerable social or industrial impairment.

The Board has granted service connection for the veteran's detached retina, left eye. The right inguinal hernia issue remains pending as it was not addressed in this decision.

The Board has determined that the veteran's service-connected ankylosing spondylitis does not warrant a rating in excess of 60 percent.

The Board denied a rating in excess of 10 percent for the veteran's service-connected postoperative residuals of a right medial meniscectomy, finding that his disability was properly rated as chronic right knee pain status post arthroscopic medial meniscus repair with Grade III chondromalacia of the medial femoral condyle and a lateral plicotomy.

The Board denied retroactive termination or reduction of an apportionment of the veteran's disability compensation for his son, finding that a retroactive change would result in undue hardship to the child.

The veteran is granted reimbursement for the majority of supplies used during his vocational rehabilitation training program, except for a Nikon camera or lens worth $555.63.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, as the appellant was at fault in creating the debt due to her failure to report income promptly.

The Board has determined that the appellant's claim for VA death benefits as the veteran's surviving spouse cannot be reopened due to lack of new and material evidence, despite previous decisions finding her marriage valid.

The Board found that the veteran's disability due to stomach problems with diarrhea does not warrant an evaluation in excess of 10 percent, as there was no evidence of more or less constant abdominal distress. The claim for service connection for schizophrenia is discussed but not addressed further.

The Board has dismissed the appeal as moot due to a separate decision finding clear and unmistakable error in a previous rating decision.

The Board denied the veteran's claim for payment of VA disability compensation benefits at the full dollar rate due to lack of legal merit, as his service was not recognized and he did not have qualifying service.

The Board has remanded the case for additional development due to inadequate efforts to obtain corroborating evidence concerning the veteran's claimed stressors, and for compliance with the duty to assist.

The Board has determined that the veteran's tendinitis of the left elbow originated during his military service and grants service connection for this condition.

The veteran is seeking service connection for psoriatic arthritis, which he claims is secondary to his service-connected psoriasis. The VA has not obtained all of the veteran's medical records and needs to attempt to locate them before making a decision on this claim.

The Board dismissed the veteran's request for repayment of unauthorized medical expenses provided at Tulare District Hospital on August 15, 1997 due to a lack of an adequate substantive appeal.