Other conditions decisions — 2001

The Board has determined that the reduction in the rating for the veteran's service-connected residuals of a fracture of the right fifth metacarpal from 10% to noncompensable was proper based on improvement in her condition as evidenced by recent VA examinations and outpatient treatment.

The Board denied the appellant's claims for service connection for laryngeal and vocal cord cancer, finding that there was no evidence to support a link between his cancers and exposure to ionizing radiation in service.

The Board denied the veteran's claims for increased ratings for his service-connected right and left knee disabilities, finding that the evidence did not support a rating in excess of 10 percent. The appeal was dismissed as there were no issues related to service connection.

The Board has granted service connection for residuals of a bunion of the right great toe and bilateral fungus infection of the feet, finding that these conditions began during active duty.

The Board has determined that the veteran's service-connected Eales' Disease does not warrant an evaluation in excess of the current 30 percent. The claims for service connection for hearing loss and tinnitus are also denied.

The veteran's claim for a higher rating for residuals of avulsion of the right great toenail was denied as he failed to report for numerous VA medical examinations scheduled from 1997 to 1999 without good cause.

The Board denied the claim for an earlier effective date of March 1, 1999 for death pension benefits due to the appellant failing to file her claim within the 45-day rule after the veteran's death.

The veteran's appeal is being remanded to obtain additional medical records and determine the current severity of his vascular symptoms, which may affect his rating for postoperative residuals of a traumatic aneurysm of the right femoral artery.

The Board has reopened the claim for service connection for a disability of the thoracic spine and remanded it for further development.

The Board found that the veteran did not file a timely notice of disagreement (NOD) with respect to the September 1996 decision denying entitlement to waiver of recovery of an overpayment of VA compensation benefits in the amount of $49,772.26.

The Board denied an increased evaluation for the veteran's bilateral weak feet, finding that his disability is currently rated as 10 percent disabling and does not meet the criteria for a higher rating.

The Board has determined that the veteran's death was caused by his service-connected exposure to Agent Orange, and thus grants service connection for the cause of the veteran's death.

The Board has determined that further development is needed to clarify the creation of the overpayment and to ensure compliance with procedural requirements. The veteran's claim for waiver of recovery of an overpayment of improved pension benefits was denied.

The Board has denied the veteran's claim for an increased evaluation of his prostatitis, status post transurethral resection of prostate, as the evidence does not show that he requires absorbent materials to be changed more than four times per day.

The veteran's injuries, including the fracture of his left humerus and scalp laceration, were not caused by VA treatment. The Board found that the veteran's fall was due to an alcohol withdrawal seizure unrelated to VA care.

The Board found that the overpayment of $3,758 was properly created due to a divorce. However, part of the overpayment of $22,144 was not properly created because it included compensation received while the veteran was on active duty and receiving retirement pay.

The Board denied the veteran's claims of service connection for a skin disorder and sinus disorder, attributing these conditions to known clinical diagnoses rather than undiagnosed illness or exposure to environmental factors. The veteran's active duty service records did not show any evidence of skin or sinus pathology.

The Board of Veterans' Appeals (Board) has found that the veteran does not currently suffer from a neck disability, claimed as bursitis and/or tendinitis, which can be related to his period of service. Therefore, the claim for service connection is denied.

The Board found that the veteran's service-connected residuals of fractures to the second, third, fourth, and fifth metatarsals of the left foot are no more than moderately disabling and granted an initial evaluation in excess of 10 percent.

The veteran's claims for reimbursement of unauthorized medical expenses for dental treatment and prescriptions are denied due to lack of authorization from VA facilities, failure to meet emergency criteria, and other regulatory requirements.