Other conditions decisions — 2001

The Board has remanded the case due to a change in the law brought about by the Veterans Claims Assistance Act of 2000, requiring additional notification and development action.

The Board found that the veteran's request for a waiver of recovery of an overpayment in the amount of $837.00 was denied due to fault on both his and VA's part, but also noted that repayment would not cause undue hardship.

The Board found that waiver of recovery of the overpayment would not be contrary to the principles of equity and good conscience, given the veteran's financial hardship.

The veteran's claim for an increased rating for his service-connected extratesticular germ cell tumor with metastases to the lungs was denied because he failed to report for three scheduled VA examinations without providing good cause.

The Board denied the appellant's claim for basic eligibility for VA non-service connected disability pension benefits due to a lack of qualifying military service, as determined by the United States service department.

The Board denied the veteran's claims for service connection for recurrent pulmonary emboli with clotting defect and squamous cell carcinoma of the neck, finding no evidence linking these conditions to his military service or any incident therein.

The Board denied the veteran's claims for service connection for a skin disorder and residuals of shell fragment wounds, finding no evidence linking these conditions to his military service.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of pension benefits was timely filed within 180 days of notification, and therefore grants this appeal.

The Board has determined that the veteran's thoracic outlet syndrome is due to injury incurred in service, and thus grants service connection for this condition.

The veteran's service-connected right ankle disability (residuals of a fracture of the right fibula) is currently rated at 10 percent and does not meet the criteria for an increased rating.

The veteran's claim for a compensable rating for scar, residuals of head trauma was denied. The issue of service connection for additional residuals of head trauma (headaches and loss of smell/taste) is pending. The claim for a compensable rating under 38 C.F.R. § 3.324 for multiple noncompensable service-connected disabilities remains denied.

The Board has denied the veteran's claims for service connection for nicotine dependence and a respiratory condition (emphysema). The claim for PTSD is pending due to insufficient evidence of an in-service stressor.

The veteran died due to bone metastasis from adenocarcinoma of unknown primary site. The appellant contends that the cause of death was related to a pulmonary mass found in his right lung during service, which he had surgically resected. The VA is requested to provide assistance in obtaining medical records and to refer the case for a medical nexus opinion.

The Board has determined that the veteran's claims for increased ratings for his service-connected conditions have been denied as there is no evidence of symptoms that would warrant a higher rating.

The Board denied the appellant's claim as new and material evidence was not presented to warrant reopening his eligibility for VA pension benefits.

The Board has awarded the veteran a 20 percent rating for each of his bilateral knee disabilities, effective from December 29, 1997.

The Board denied the appellant's claim for basic eligibility to nonservice-connected disability pension benefits due to a lack of legal merit or entitlement under the law.

The Board has granted a waiver of recovery for an overpayment of compensation benefits in the amount of $826.67, finding that it would be against equity and good conscience to require repayment due to the appellant's lack of knowledge regarding specific reporting requirements.

The veteran's appeal regarding the timeliness of filing was granted, and further processing will be done on the underlying issues.

The Board has granted the veteran's claim for service connection for residuals of an injury to the head and neck, finding that new and material evidence had been submitted sufficient to reopen his claim.