Other conditions decisions — 2001

The Board has determined that the appellant's residuals of a right femur fracture do not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board found that the appellant's overpayment was not due to fraud, misrepresentation, or bad faith. However, it is contrary to equity and good conscience to recover half of her debt incurred prior to August 1, 1997, but not for the portion incurred after that date.

The Committee denied the veteran's waiver request for an overpayment of vocational rehabilitation benefits, finding that she was at fault in creating her indebtedness and that principles of equity and good conscience precluded a waiver.

The Board denied the veteran's petition to reopen his claim of entitlement to recognition as a former prisoner of war for VA purposes due to lack of new and material evidence.

The veteran's appeal for Chapter 30 educational assistance benefits is denied as she does not meet the legal criteria for eligibility.

The Board denied an evaluation in excess of 10 percent for post-operative right inguinal hernia to include an ilio-inguinal nerve disability, finding that the veteran's service-connected condition warrants a maximum schedular evaluation.

The Board denied service connection for bilateral pes cavus and hammertoes in 1958, finding no separate injury or aggravation during service.

The Board denied the appellant's request for a waiver of recovery of apportioned benefits in the amount of $1716.90, finding that her failure to timely request the waiver was not due to circumstances beyond her control.

The Board has determined that the veteran's service-connected residuals of trauma to the left second toe do not warrant a higher evaluation, as they are currently rated at 10 percent.

The Board has denied the veteran's claims for service connection for gouty arthritis and degenerative changes of the right foot, finding that they are not well grounded.

The Board denied the veteran's claim for service connection for defective vision (myopia) as there was no evidence showing a causal link between his pulmonary sarcoidosis and myopia.

The Board has denied the veteran's claim of entitlement to service connection for elevated cholesterol, hypercholesterolemia, and hyperlipidemia as there is no evidence that these conditions are associated with a current disability.

The Board has denied service connection for a chronic body rash and residuals of a head injury, as the veteran does not currently have these conditions. The case is remanded to obtain additional medical records and provide the veteran with a new VA examination for his right knee disability.

The Board denied the veteran's claim for service connection for residuals of excision of a verrucous wart from the soft palate. The issue regarding an initial evaluation in excess of 10 percent for degenerative disc disease (DDD) of the lumbar spine at L5-S1 is pending.

The Board denied the veteran's claim for service connection for testicular cancer as secondary to herbicide exposure, finding no evidence linking his current condition to his military service.

The Board found that the injuries sustained by the veteran in a motorcycle accident on May 6, 1990 were due to his own willful misconduct.

The Board finds that the veteran's current visual impairment is not related to his military service and denies his claim for service connection.

The Board has determined that the veteran is entitled to a 40 percent disability rating for gouty arthritis of the knees, effective March 11, 1998. Prior to this date, his condition did not meet criteria warranting an increased rating.

The veteran's claim for service connection for porphyria cutanea tarda (PCT) including as secondary to Agent Orange exposure was denied in April 1994, but the Board reopened the claim due to new evidence submitted since then.,PTSD was granted an initial evaluation of 30 percent from December 29, 1997 and increased to 70 percent effective October 13, 1998.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a fracture of the sternum is denied as there is no medical evidence linking the fracture to VA care or treatment.