Other conditions decisions — 2001

The veteran's claim for increased rating and total disability based on individual unemployability due to service-connected disability is being remanded for additional development of the record.

The Board has denied the veteran's claim for an increased evaluation for his postoperative bilateral inguinal hernia repairs, currently rated at 30 percent.

The VA determined that the veteran's service-connected bilateral varicose veins do not warrant a compensable evaluation, as there is no evidence of symptoms such as intermittent edema or pain on exertion.

The Board has denied the claim of service connection for the cause of the veteran's death, finding that there is no competent evidence linking the veteran's death to tobacco use while on active duty and because there is no competent evidence that he became nicotine dependent while he was on active duty.

The veteran's substantive appeal is inadequate, and thus her appeal of the denial of dependency and indemnity compensation under 38 U.S.C.A. § 1318 must be dismissed.

The Board has granted service connection for fatigue syndrome and chest pain resulting from an undiagnosed illness, but denied service connection for fainting/blackouts/unexplained loss of consciousness.

The veteran's schizoaffective disorder is currently rated at 30 percent disabling, and the Board finds that this rating adequately reflects his disability.

The VA has determined that the veteran's right hand boxer's fracture does not warrant a rating higher than 10 percent, as there is no evidence of ankylosis or arthritis. The current medical evidence most closely fits within the criteria for the currently assigned 10 percent disability rating.

The Board found that the termination of the veteran's nonservice-connected pension benefits was proper due to his receipt of a settlement from an employment-related litigation action, which was considered countable income for purposes of determining eligibility for pension benefits.

The Board denied the veteran's claim for an extension of disability convalescent benefits beyond January 31, 1999 due to surgery he underwent in December 1998. The evidence showed that the veteran had returned to work by January 22, 1999 and did not require further convalescence.

The veteran's appeal for an increased evaluation for conversion reaction as a residual of encephalitis has been dismissed because the appellant withdrew his appeal prior to the Board making a decision.

The appellant's service is not considered active military service for the purpose of VA disability pension benefits, and thus he does not meet the requirements for non-service-connected disability pension.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected disability pension benefits, finding that his bad faith in creating the overpayment precluded a waiver.

The Board denied the veteran's claim for an earlier effective date for additional disability compensation benefits for her dependents, finding that the earliest effective date was November 1, 1999.

The Board denied the appellant's claim as her deceased spouse did not have verified Philippine service for purposes of establishing eligibility for VA benefits.

The Board denied service connection for a right eye condition in April 1974, finding no evidence of an injury during service and that the disorder was not related to military service.

The Board granted a partial waiver of the veteran's loan guaranty indebtedness in the amount of $5,909.89 and interest, finding that further collection would cause undue hardship.

The veteran withdrew his appeal regarding the claim for service connection for Guillain-Barre syndrome (GBS).

The Board denied higher evaluations for facial numbness, diminished sense of smell, and diminished sense of taste as they do not meet the criteria for a compensable rating under the applicable diagnostic codes.

The case is being remanded to clarify whether the treatment at West Florida Regional Medical Center was for an emergent condition and to obtain further evidence.