Other conditions decisions — 2001

The Board denied the appellant's request for waiver of overpayment of death pension benefits, finding that her actions were solely at fault in creating the overpayment and that recovery would not be against equity and good conscience.

The VA denied the veteran's claim for an increased disability rating for his service-connected right elbow disability, currently rated as 10 percent disabling.

The Board denied service connection for the cause of the veteran's death and eligibility for Survivors' and Dependents' Educational Assistance (DEA) benefits. The cause of death was attributed to cancer of the esophagus and base of the tongue, which were not found to be related to service or a service-connected disability.

The veteran's waiver claim for the overpayment of a loan guaranty indebtedness is granted, but the amount needs to be clarified. The Committee will then review the case under the principles of equity and good conscience.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a skin condition, finding that there is no evidence to support a causal relationship between her current skin problems and her active duty military service.

The veteran's appeal for an increased rating for his service-connected left leg disability was denied by the RO. The case is being remanded to obtain additional medical records and to schedule a VA examination.

The Board denied service connection for a pinched nerve of the neck and a personality disorder, finding that new and material evidence had been submitted to reopen the claim for a pinched nerve of the neck. The decision on the personality disorder issue is based on the reopening of the claim.

The Board of Veterans' Appeals has determined that the veteran's service-connected bilateral trench foot warrants a 30 percent evaluation, effective from October 1945. The RO will conduct further development and re-adjudicate the claim.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for duodenal ulcer, as the additional evidence does not link the condition to his active duty.

The appellant is denied recognition as the veteran's surviving spouse due to a legal impediment caused by her previous marriage.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because there is no competent medical evidence that the subdural hematoma was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA.

The Board found that clear and unmistakable error was committed in severing service connection for psychoneurosis in December 1955, but not in the February 1947 noncompensable evaluation. The veteran is granted service connection for a psychoneurosis effective from November 11, 1945.

The Board granted an increased rating to 30 percent for the veteran's service-connected residuals of a gunshot wound (GSW) of the neck, MG XXIII, finding severe limitation of motion.

The Board has determined that the veteran does not have a current diagnosed liver disability associated with his abnormal liver function tests and therefore, service connection for this condition is denied.

The Board granted increased ratings for post-operative osteochondritis dissecans of the right knee and traumatic arthritis of both knees, but denied increased evaluations for post-operative osteochondritis dissecans of the left knee and traumatic arthritis of the left knee.

The Board has determined that the veteran does not currently have diplopia and therefore service connection for this condition is denied.

The Board denied the appellant's request to reopen her previously denied claim for basic eligibility for VA benefits due to lack of new and material evidence.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of the fracture of the left mandible, finding that the evidence did not support a compensable evaluation.

The Board has determined that the evidence submitted since the January 1980 rating decision is not new and material, thus denying the veteran's requests to reopen his claims for service connection for residuals of a right inguinal hernioplasty and residuals of a right orchiopexy.

The veteran's service-connected post-operative vagotomy and pyloroplasty for duodenal ulcer and esophageal hiatal hernia is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 7308. The veteran's status post-incisional hernia repair is rated as noncompensable (0%) due to it being healed with no disability and no indication for a belt.