Other conditions decisions — 2001

The veteran's request for a waiver of recovery of an overpayment in his VA improved pension benefits was denied because the overpayment was not against equity and good conscience, given the veteran's financial situation.

The veteran's service-connected residuals of excised toenails of both great toes are manifested by subjective complaints of pain and a tingling sensation with additional functional loss due to pain resulting in no more than moderate impairment. The Board has determined that the criteria for a 10 percent rating have been met.

The veteran's death prevented the payment of additional accrued benefits due to his pending claim for increased compensation, as all benefits accruing within two years before death have been paid.

The Board denied the veteran's claim for service connection for carcinoma of the right testis due to exposure to Agent Orange during service in November 1984. The decision was based on the absence of a causal link between the veteran's right testicular cancer and his left testicular cancer, which had manifested within one year of his separation from active military service.

The Board has determined that the veteran's service-connected residuals of spontaneous pneumothorax do not result in any current symptoms or disability, and therefore does not meet the criteria for an increased rating.

The veteran's claim for service connection for a psychiatric disorder, to include PTSD, is denied. The Board found no evidence of an in-service stressor and concluded that the veteran does not have PTSD attributable to military service or any incident of active duty. Additionally, the veteran's personality disorder was not aggravated by his military service. As such, he is not entitled to a permanent and total disability rating for nonservice-connected disability pension benefits.

The Board has determined that there is no evidence of postoperative residuals from the abscess and squamous cell carcinoma of the lower lip was not present in service or within a year after separation. The veteran's claims for these conditions are denied.

The November 1948 rating decision severing service connection for the veteran's psychogenic asthenic reaction is final and does not involve CUE.

The Board has granted service connection for the veteran's throat disorder as secondary to his service-connected recurrent epistaxis, residuals of nasal surgery, with atrophic ozena, septal perforation, chronic sinusitis and chronic rhinitis.

The Board denied the veteran's claim for waiver of recovery of loan guaranty indebtedness, finding that it was not contrary to equity and good conscience to deny the claim.

The Board finds that the veteran's silicone-induced immune deficiency does not meet or more closely approximate the criteria for a higher evaluation, and thus denies her claim.

The Board found that the veteran's residuals of a subtotal gastrectomy did not warrant an evaluation higher than 40 percent, as his symptoms were no more than moderate in degree and had not resulted in significant complications such as hypoglycemic symptoms or weight loss with anemia or malnutrition.

The Board has granted an effective date of September 1, 1988 for service connection for the cause of the veteran's death.

The Board finds that the veteran's colonic inertia with megacolon and functional outlet syndrome has been aggravated by her service-connected PTSD, warranting service connection.

The Board denied service connection for heart and lung disorders claimed as due to tobacco use, finding that the disabilities were not incurred in or aggravated by service.

The veteran's claim for service connection for porphyria cutanea tarda due to herbicide exposure is granted, with an effective date of March 13, 1990. The condition was found to be associated with dioxin exposure in the Gulf War.

The veteran's report of unreimbursed medical expenses for the period prior to November 1, 1999 cannot be used to reduce his countable income for purposes of VA nonservice-connected disability pension.

The Board found that the overpayment of compensation benefits was properly created due to the veteran's failure to notify VA of his divorce, and thus, it was not solely attributable to administrative error by the VA.

The cause of the veteran's death was a bleeding peptic ulcer, which is not related to his military service. The appellant's application for accrued benefits was filed more than one year after the veteran's death.

The Board has remanded the case due to a request for a personal hearing before a Member of the Board.