Other conditions decisions — 2002

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA nonservice-connected disability pension benefits, finding no fault on the part of the VA and some fault on the part of the veteran. The decision concluded that recovery would not be against equity and good conscience.

The Board found that the loan guaranty indebtedness of $4,999.62 against the veteran was not validly created due to lack of notice of default and foreclosure.

The Board found no additional disability resulting from the veteran's VA surgeries and denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the debt.

The Board denied the veteran's claim for service connection for an eye disorder, finding that his current condition was not related to a disease or injury of service and that it did not increase in severity during active service.

The Board denied the veteran's request to waive recovery of an overpayment of improved disability pension benefits, finding that recovery would not be against equity and good conscience.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for weak feet (metatarsalgia), and thus, the January 1958 RO decision remains final.

The Board found that the veteran's residuals of blood poisoning were not incurred as a result of military service and denied his claim. The issues regarding back injury, venereal disease, and psychiatric disability have been referred for further development.

The Board has determined that the veteran's claims for service connection for dizziness, bilateral foot pain, and memory impairment are denied as there is no medical evidence of any currently diagnosed disability manifested by these symptoms.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for residuals of a right third finger injury, finding that the evidence did not support such a higher rating.

The appellant is seeking service connection for the cause of her deceased husband's death. The case has been remanded to schedule a videoconference hearing at the RO.

The VA denied the veteran's claim for a compensable evaluation for his service-connected otitis media, finding no current symptomatic manifestations of the condition.

The veteran's appeal is being remanded for further development, including scheduling a Travel Board hearing at the RO.

The Board has determined that the overpayment of VA disability compensation benefits in the amount of $6,366.27 was properly created and that it would not be against equity and good conscience to waive recovery of this debt.

The appellant does not have recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for VA benefits.

The VA denied an increased evaluation for the veteran's service-connected hypertensive cardiovascular disease, currently rated at 20 percent.

The Board denied the veteran's claims for effective dates prior to April 16, 1987 and April 29, 1992 for service connection and a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's skin conditions were rated at 50 percent disabling as of March 12, 1991.

The Board found that the veteran's failure to report his income accurately was at fault in creating the overpayment, and as such, recovery of the $4,511 overpayment would not violate principles of equity and good conscience.

The Board found that the veteran's service medical records did not show a diagnosis of sinusitis during his active duty. The first post-service evidence of a sinus condition was dated in 1995, approximately 14 years after separation from service. Therefore, the claim for service connection for a sinus condition is denied.

The veteran died due to metastatic carcinoma of the neck, and the death was not caused by VA hospitalization or medical treatment.