Other conditions decisions — 2001

The veteran's appeal was denied as the RO found that he had not been determined unable to secure or follow a substantially gainful occupation due to service-connected disabilities. The case is being remanded for further development and consideration.

The Board has determined that the veteran's congenital club foot, which existed prior to service, did not undergo an increase in severity during service and therefore cannot be considered aggravated by military service. As a result, the claim for service connection is denied.

The Board denied the veteran's claim for service connection for phlebitis of the left leg, finding insufficient evidence to establish an in-service injury or disease.

The Board denied service connection for multiple subcutaneous lipomas as a result of herbicide exposure, finding that the condition did not occur during or due to service. The claim for an increased rating for traumatic arthritis of the left hip is remanded.

The VA denied compensation for right-sided hemiparesis and vocal chord paralysis, finding that the veteran's conditions were not caused by or proximately caused by VA care.,The VA found no evidence of negligence or fault on the part of VA in causing the veteran's additional disabilities.

The Board found that a partial waiver of recovery of the overpayment of apportioned benefits in the amount of $1,963.50 representing the amount paid after August 1987 is warranted.

The Board has granted the veteran's claim to restore his pension benefits effective from October 1, 1998. The veteran argued for an earlier effective date based on information about his wife's income, but the RO found that there was no clear and unmistakable error in the prior decision.

The Board has determined that the veteran's current evaluations for defective vision in the left eye and defective hearing in the left ear are at their maximum allowable levels under VA rating criteria.

The veteran is seeking service connection for a skin disorder. The Board has determined that additional development of the evidence, including obtaining VA treatment records and scheduling a VA examination, is necessary before deciding his claim.

The Board has granted the veteran's request to waive recovery of an overpayment of improved disability pension benefits in the amount of $1597, finding that recovery would be against the principles of equity and good conscience.

The veteran's claim for an increased rating for his left hand disability was granted, with a current rating of 60 percent effective November 3, 1999. The issue is not about service connection.

The Board has reopened the veteran's claim for service connection for respiratory problems due to an undiagnosed illness based on new evidence submitted since the June 1996 decision.

The Board has determined that the veteran's service-connected right inguinal hernia and epidermophytosis do not warrant a compensable rating, thus denying his claims for increased ratings. The skin disorder is currently rated at 10% under Diagnostic Code 7813 (analogous to eczema), while the right inguinal hernia remains noncompensably rated.

The Board denied the veteran's claim of service-connection for a right bundle branch block with atrial septal defect, finding that new and material evidence had not been submitted to reopen the claim.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for trichoepithelioma and basal cell carcinoma. The decision is mixed, as it found some issues were granted (trichoepithelioma) and others were denied (basal cell carcinoma).

The veteran's overpayment of pension benefits was waived due to the lack of fraud, misrepresentation, or bad faith in creating the debt. The Committee determined that recovery would not be against equity and good conscience.

The veteran's claims for increased evaluation and temporary total disability rating were denied. The claim for a TDIU was also denied as the veteran did not meet the schedular requirement for a total rating due to unemployability.

The Board found no fraud, misrepresentation or bad faith on the part of the appellant as to the overpayments of his pension benefits in the original total amount of $28,829. The case is remanded for further development and adjudication.

The Board has denied the veteran's claim for service connection for a lung disorder, finding that there is no evidence linking his current lung condition to his military service.

The Board has determined that the veteran's dysthymic disorder, currently diagnosed, is related to his service and grants service connection for this condition.