Other conditions decisions — 2001

The veteran's overpayment of $11,312 in pension benefits is waived due to hardship and the purpose of the VA pension program being defeated.

The Board denied the veteran's claims for service connection for fibrositis and benign prostatic hyperplasia, as well as his claims for increased ratings for dysthymic disorder with functional gastrointestinal disorder and headaches, myofascial pain dysfunction syndrome, and prostatitis with urinary disability.

The Board found that termination of additional compensation for the veteran on behalf of his stepson, effective April 1, 1995, was proper under VA regulations.

The veteran's overpayment of disability compensation benefits in the amount of $3,208.87 was denied due to bad faith on his part.

The Board has dismissed the motion for revision or reversal based on clear and unmistakable error in a March 9, 1998 decision due to lack of jurisdiction over the issues.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence to support a link between his cancer and service or exposure to Agent Orange.

The Board denied the appellant's request for waiver of overpayment in death pension benefits due to her failure to accurately report her income, which was considered bad faith.

The Board has determined that the veteran's claims for increased evaluations of his gunshot wound residuals to the right calf and thigh have been denied as there is no evidence supporting an increase in disability ratings.

The VA denied the veteran's claims for service connection for a skin disability and loss of muscle control as secondary to exposure to Agent Orange.

The Board has denied the veteran's claim for service connection for a total vaginal hysterectomy, finding that there is no evidence linking her current condition to her military service. The issue of recoupment of separation pay from VA disability benefits remains pending.

The veteran's failure to report his wife's income led to an overpayment of improved disability pension benefits. The Board found the appellant guilty of bad faith in creating this overpayment and denied waiver of recovery.

The Board denied the veteran's request for a waiver of overpayment of VA benefits, finding that recovery was not against equity and good conscience.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for a right leg disability, as the evidence does not demonstrate an association between the claimed disability and service.

The appellant's son died of a spinal cord tumor, not spina bifida. The Board denied the claim as there is no evidence of spina bifida and the effective date for benefits under 38 U.S.C.A. § 1805 cannot be prior to October 1, 1997.

The veteran's claim for an increased disability rating for his service-connected residuals of injury to the right testicle, status post orchiectomy, with compensatory hypertrophy of the left testicle is being remanded due to a need for additional development including obtaining medical records and scheduling a VA examination.

The Board denied an increased disability rating for PTSD rated as 30 percent disabling prior to September 6, 1996.

The Board found that the June 1987 rating decision contained clear and unmistakable error in determining that new and material evidence had not been submitted to reopen a claim of service connection for a nervous disorder. The veteran's claim should be reopened.

The veteran's right acromioclavicular separation was not caused by VA treatment, but rather occurred during transportation to a VA Medical Center. As such, the requirements for compensation under 38 U.S.C.A. § 1151 are not met.

The VA has determined that the veteran's degenerative joint disease of the first metatarsal phalangeal joint, bilaterally, warrants a 10 percent evaluation. The condition is currently rated as 10 percent disabling.

The Board has granted a 30 percent rating for the residuals of shell fragment wound, left thigh, muscle group XIV. The claim for service connection for arthritis, left femur is denied as there is no evidence of arthritis within one year of separation from service and it is not shown to be related to the inservice injury.