Other conditions decisions — 2001

The Board denied the veteran's claim for service connection for residuals of a vaginal hysterectomy secondary to dysfunctional uterine bleeding, finding that there was no clinical relationship between her in-service symptoms and the hysterectomy performed following service.

The Board has determined that recovery of the overpayment of VA improved pension benefits in the calculated amount of $1,444 would be against equity and good conscience due to financial hardship.

The veteran's claim for an increased disability rating for his service-connected postoperative tonsillectomy is being remanded due to incomplete development and the need to apply the appropriate diagnostic criteria.

The Board found that the appellant's right little finger disability did not warrant an evaluation in excess of 20 percent, as there was no evidence of ankylosis or extremely unfavorable ankylosis. The appeal is denied.

The veteran's service-connected nasal septal deviation is currently rated at the maximum schedular evaluation of 10 percent. The Board finds no basis to grant an increased rating as there are no additional symptoms or disabilities associated with his condition that would warrant a higher evaluation.

The Board has determined that the veteran's service-connected malaria does not warrant a compensable evaluation, as there are no residuals of the condition and recurrent attacks were attributed to new infections.

The veteran's service-connected gunshot wounds and associated conditions have been evaluated at the current 20 percent, 30 percent, and 10 percent levels respectively. The appeals for increased ratings are denied.

The Board denied the appellant's claim for accrued death pension benefits as he lacks basic eligibility to receive such benefits.

The Board denied the appellant's request for a waiver of recovery of an overpayment of apportionment benefits due to her failure to report her divorce from her husband, which resulted in an overpayment. The Board found that she engaged in bad faith by not informing VA of her divorce.

The Board denied the veteran's claim for an increased rating for his service-connected psychogenic amnesia with dysthymia, currently rated at 30 percent. The evidence did not meet the criteria for a higher rating.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, stating that there is no competent medical evidence indicating additional disability to his neck and low back as a result of any 1982 or 1983 VA treatment.

The Board denied the veteran's claim for waiver of recovery of an overpayment of improved pension benefits, finding that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete service records and lack of stressor verification. The veteran's claim for PTSD will be reconsidered after further development.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA pension benefits, finding that repayment would not be against the principles of equity and good conscience.

The veteran's left knee disability, including chondromalacia and Osgood Schlatter's disease, was rated at 10 percent prior to December 7, 1999. After this date, the disability was rated as 20 percent disabling due to instability.

The Board has determined that the veteran's malaria does not meet the criteria for a compensable evaluation, as there is no objective evidence of active malaria or related residuals such as spleen or liver damage. The preponderance of the evidence is against the claim.

The veteran's service-connected fracture of the right superior and inferior pubic rami has resolved, with no current symptoms or functional impairment. The Board finds that an evaluation in excess of 10 percent is not warranted for this condition.

The case is being remanded to the RO for scheduling an in-person hearing before a traveling member of the Board, due to the appellant's request. The effective date issue remains unresolved and needs further review.

The Board has granted a 10 percent rating for the veteran's postoperative right inguinal hernia residuals, effective from the date of the decision.

The veteran's unauthorized medical expenses for a rib fracture were denied because VA facilities were feasibly available and there was no emergency condition.