Other conditions decisions — 2001

The Board has determined that the appellant was solely at fault in creating an overpayment of $1,023 for the period from February 1995 through May 1998 due to her failure to report her interest income. The Board found no fault on the part of the VA and concluded that recovery would not be against equity and good conscience.

The Board found that the veteran's skin disorder, including squamous cell carcinoma, was not incurred in or aggravated by active service and is not related to mustard gas exposure. The claim for service connection was denied.

The Board denied the veteran's claims for service connection for right leg thrombophlebitis and right lower extremity arterial obstructive disease secondary to thrombophlebitis, finding no current diagnosis of thrombophlebitis and insufficient evidence linking the current condition to service.

The Board denied the appellant's claim for waiver of overpayment of death pension benefits, finding that her failure to report receipt of SSDI was due to bad faith and not mere inadvertence.

The Board found that the squamous cell carcinoma was not incurred in or aggravated by service and denied the claim.

The Board denied the payment of death pension benefits on behalf of the appellant's eligible children due to excessive income, as determined by Social Security Administration (SSA) payments.

The VA has determined that the veteran's hernia, inguinal, bilateral, operated, healed, adherent scar on right, symptomatic does not warrant a rating in excess of 10 percent.

The Board of Veterans' Appeals has denied the veteran's appeal for a higher disability rating for his residuals of mandible fractures, finding that the evidence does not support an increased rating.

The Board denied the veteran's request for a waiver of the recovery of an overpayment of VA pension benefits in the amount of $53,187 due to fraud on his part.

The Board denied the appellant's claims for service connection for myositis and liver disease/abnormal liver function studies, both claimed as residuals of exposure to Agent Orange. The evidence did not support a finding that these conditions were related to military service or Agent Orange exposure.

The veteran's claim for an increased rating for his service-connected residuals, fracture of the left patella and femur with arthritis is denied. The current rating of 30 percent remains unchanged.

The Board denied the veteran's claim of entitlement to service connection for a dental condition, finding that the conditions did not meet the legal criteria established by VA regulations.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the veteran's overpayment of VA improved pension benefits in the amount of $5,656.

The Board found that the veteran's pre-existing mitral valve prolapse did not worsen during his military service, and thus denied service connection.

The Board denied the veteran's request to reopen his claim for service connection due to a respiratory disorder, finding that new and material evidence had not been submitted.

The veteran's claim for service connection for a cardiovascular disability is being remanded due to the need for further medical examination and development of his claims. His diabetes mellitus secondary to exposure to Agent Orange has not yet been addressed.

The Board denied the appellant's claim for VA death benefits as her marriage to the veteran was legally terminated in December 1982, more than six years before his death. Therefore, she cannot be considered a surviving spouse.

The Board has granted an increased evaluation of 40 percent for right and left lower extremity varicose veins, each rated separately.

The Board has granted a 10 percent evaluation for gout affecting the right great toe, but denied an evaluation in excess of 10 percent for residuals of left varicocele surgery. The appellant's claim seeking an evaluation in excess of 10 percent for headaches due to trauma and resultant Arnold-Chiari malformation will be addressed in a separate remand.

The RO has denied the claim for service connection for the cause of the veteran's death as not well grounded. The case is being remanded to allow for additional development and consideration.