Other conditions decisions — 2002

The Board has granted the waiver of recovery of an overpayment of improved disability pension benefits in the calculated amount of $3,549. The issue of service connection for a back disability will be addressed separately.

The Board found that the overpayment of VA improved disability pension benefits was properly created and that recovery would not violate standards of equity and good conscience. The veteran's failure to report his receipt of SSA benefits caused the overpayment.

The Board found that the veteran's fracture of the third metatarsal of the right foot did not meet the criteria for a compensable rating, and denied his claim. The issue of service connection for venous insufficiency to include bilateral varicosities was also addressed but is not included in this decision as it is not related to the primary issue.

The veteran's asthma attack was not caused by VA treatment, but rather by stress and mold spores in the vocational rehabilitation building. The Board found that the inhalers prescribed by VAMC Long Beach did not cause his asthma to worsen.

The Board denied service connection for a back injury, finding that the current disability is not related to the inservice injury. The claim was reopened based on new evidence submitted after the March 1969 decision.

The Board denied the veteran's claim for service connection for gum disease, finding that it is not warranted due to a regulation stating that periodontal disease may be considered service-connected solely for the purpose of establishing eligibility for outpatient dental treatment.

The Board denied the appellant's claim for basic eligibility for VA benefits due to her spouse not having recognized military service with the United States Armed Forces.

The Board denied the veteran's claims for an evaluation in excess of 20 percent for his duodenal ulcer and benefits under 38 U.S.C.A. § 1151 for experimental treatment with radium/radiation at a VA medical facility in 1957.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code. The decision also noted that the veteran died from a self-inflicted gunshot wound to the head.

The Board has granted the veteran an effective date of April 5, 1989 for his service-connected retroperitoneal fibrosis and a compensable evaluation for residuals of fracture of the transverse processes at L2-L3. The total rating based on individual unemployability was also granted from this same date.

The Board has granted an apportioned share of the veteran's VA disability compensation benefits in the monthly amount of $200 on behalf of [redacted] and [redacted].

The Board granted an initial disability rating of 10 percent for Graves' disease, effective from June 1994. The veteran's condition was characterized by tachycardia, increased blood pressure, and tremor prior to January 22, 2001.

The Board denied an increased rating for the veteran's neck injury disability, finding that it was productive of functional impairment equivalent to no more than severe limitation of motion from April 17, 1990. The claim for a higher initial rating prior to April 17, 1990 was also denied.

The Board of Veterans' Appeals (BVA) has determined that the veteran's right leg disability, resulting from multiple surgeries performed by VA in October 1996, January 1997 and June 1997, is not compensable under 38 U.S.C.A. § 1151 due to a lack of evidence showing negligence or fault on the part of VA.

The Board has determined that the veteran is entitled to an extraschedular rating of 10 percent for his service-connected uveitis, given the marked interference with employment due to recurrent flare-ups.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no evidence to support a link between the veteran's testicular cancer and his military service.

The veteran's daughter's Social Security benefits are considered countable income for determining his nonservice-connected disability pension rate.

The veteran's thrombophlebitis of the left lower extremity was rated at 10 percent from April 21, 1993 to January 11, 1998 and at 20 percent since January 12, 1998.

The Board has determined that the veteran's failure to accurately report his income did not constitute fraud, misrepresentation or bad faith. Therefore, waiver of recovery for overpayments in amounts of $975 and $11,236 is not precluded by such factors.

The Board denied the veteran's claim for service connection for parotid carcinoma with lung metastasis, which he claimed was due to Agent Orange exposure. The Board found that there is no evidence linking his cancer to Agent Orange or any other incident of service.