Other conditions decisions — 2001

The veteran's overpayment of nonservice connected pension benefits in the amount of $10,338 was not created due to fraud, misrepresentation, or bad faith. The Board granted the waiver of indebtedness.

The Board has remanded the case due to a need for additional development, including obtaining pathology materials from the veteran's treatment facilities.

The Board denied a compensable evaluation for the veteran's service-connected residuals of a bullet wound to the head. The issue of benefits pursuant to 38 U.S.C.A. § 1151 for herpes zoster of the eyes was remanded due to new law requirements.

The veteran's right inguinal hernia is currently noncompensably disabling.,For the period from July 1, 1994 to September 3, 1996, his left inguinal hernia was asymptomatic and not readily reducible.

The Board denied the veteran's claim for an increased rating for residuals of a right tibia fracture, finding that the evidence did not support a compensable rating under applicable diagnostic codes.

The VA denied the veteran's claim for an initial rating in excess of zero percent for impotence, finding that there was no evidence of penile deformity to warrant a 20% evaluation.

The VA denied the appellant's claim for basic eligibility to VA benefits due to a certification from the U.S. Army Reserve Personnel Command (ARPERCOM) that her deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has denied the veteran's claim of entitlement to service connection for numbness in his left hand as secondary to his service-connected dermatophytosis.

The Board denied the veteran's claim for VA benefits as there was no valid evidence of service under 38 C.F.R. § 3.203, and thus the appellant has not established that he is a veteran for purposes of entitlement to VA benefits.

The veteran's bilateral foot disability, specifically hammertoes of the left and right feet, has been rated at 30 percent for periods from March 1993 to September 1994, November 1994 to June 1995, October 1, 1995, to October 17, 1995, and February 1996 to February 1998. For periods from May 1998 forward, the veteran is entitled to a rating in excess of 30 percent for both feet.

The Board has determined that the September 1995 automobile accident was likely caused by service-connected brain disabilities, warranting service connection for its residuals.

The Board denied the veteran's request to reopen his claim for service connection for cold feet, finding that no new and material evidence had been submitted.

The veteran's claim for an increased rating for his service-connected aneurysm of the left popliteal artery with arteriosclerosis obliterans is being remanded due to changes in VA regulations and the need for additional medical examination.

The veteran's undifferentiated somatoform disorder with dysthymic disorder is rated at 50% from February 11, 1998. Prior to that date, the disability was not evaluated as it did not meet criteria for a higher rating.

The Board has determined that additional development is needed due to the need for medical records and compliance with the Veterans Claims Assistance Act of 2000.

The Board has remanded the case for further development and consideration, including a VA examination to assess the veteran's claims of service connection for arthritis in both hands. The RO will consider all evidence of record, including that obtained as a result of this remand.

The veteran is seeking an increased evaluation for his service-connected paroxysmal peripheral vasoconstriction, currently rated at 20 percent. The case has been remanded to obtain additional medical records and conduct a VA examination.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Rapid City Regional Hospital is being remanded to the RO due to a new law that allows VA to reimburse veterans in certain circumstances. The RO must determine if the provisions of 38 U.S.C.A. § 1725 apply and make a specific finding on this issue.

The Board found that the veteran's failure to report his SSA disability benefits as income led to an overpayment of VA pension benefits. The Board concluded that recovery would not be against equity and good conscience, thus denying the waiver request.

The Board denied the claim for service connection for the cause of the veteran's death as not well grounded, and also denied DIC benefits under 38 U.S.C.A. § 1318.