Other conditions decisions — 2001

The Board has determined that the veteran's left testicular atrophy does not warrant a compensable rating, but he is entitled to special monthly compensation based on loss of use of one testicle.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 due to insufficient evidence showing that his left leg thrombophlebitis was caused by hospital care provided by VA.

The Board denied the veteran's claims for an earlier effective date and service connection, finding that the evidence did not support these claims.

The Board denied increased evaluations for the veteran's service-connected disabilities of the distal right fibula and right fourth metacarpal, and determined that the rating action of January 1998 was correct in assigning an effective date of January 10, 1997.

The VA determined that the appellant's Hodgkin's disease with residual organic brain syndrome did not warrant a rating higher than 30 percent.

The VA determined that the veteran's multiple joint and muscle pain, not diagnosed as an undiagnosed illness, does not warrant a rating in excess of 10 percent.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current respiratory impairment is related to his service.

The Board denied the claim of service connection for a schizoaffective disorder (claimed as a nervous condition) in December 1996, and no new and material evidence has been submitted to reopen this claim.

The VA determined that the veteran's residuals of a fractured left femoral neck warrant a 30 percent disability rating, effective October 1, 1996.

The Board denied the veteran's request to waive recovery of an overpayment of VA compensation benefits in the amount of $1,970.00 due to fault on his part for not reporting his divorce promptly and because repayment would cause undue financial hardship.

The Board denied increased rating claims for the veteran's service-connected nebula of the left eye, bilateral defective hearing, and malaria. The veteran currently does not have active or residual symptoms of these conditions that would warrant an increase in his ratings.

The Board denied service connection for the cause of the veteran's death due to squamous cell carcinoma of the tonsils, finding no evidence linking it to his military service or exposure to herbicides. The claim for Dependents' Educational Assistance (DEA) was also denied.

The Board found that the veteran's son was not a dependent after his marriage, leading to an overpayment. The remaining $1,636 of the overpayment is waived due to equity and good conscience.

The Board has denied the veteran's request to reopen his claim of service connection for peptic ulcer disease, finding that new and material evidence was not presented.

The Board found that the veteran's missing teeth were not due to in-service trauma, and thus denied his claim for service connection for residuals of dental trauma.

The veteran's unauthorized medical expenses incurred for deep venous thrombosis of the right lower extremity were denied as he did not meet the eligibility requirements for payment or reimbursement.

The veteran's death was due to hepatitis and hepatocellular carcinoma, which are service-connected conditions. The Board has determined that the cause of death occurred during his period of active duty.

The Board found that the veteran's current low back disorder is not service-connected as it did not manifest during his active duty and there was no evidence of aggravation.

The veteran's fungal infection of the hands and feet is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not involve extensive lesions or marked disfigurement.

The veteran's claim for an increased rating for myositis ossificans of the left thigh was denied by the RO. The Board has ordered a remand to ensure all necessary development and notification have been completed.