Other conditions decisions — 2002

The Board has granted a compensable evaluation of 10 percent for the veteran's right foot disability, effective September 17, 2000.

The veteran's service-connected pemphigus vulgaris is currently rated as 30 percent disabling. The Board denied the claim for a TDIU due to his service-connected disabilities, finding that his conditions do not alone preclude him from securing or following a substantially gainful occupation.

The veteran died of chronic lymphocytic leukemia, which was service-connected. The appellant is eligible for Dependents' Educational Assistance.

The Board found that the veteran's right great toe injury and arthritis were not incurred or aggravated during service, and thus denied his claim for service connection.

The veteran's PUD was increased to a 40 percent evaluation from November 3, 1997.

The Board has granted an increased rating of 10 percent for the veteran's service-connected lipoma of the right chest wall, effective from November 2, 2002. The veteran previously appealed a July 1967 RO decision denying a compensable rating and was notified but did not appeal.

The veteran's PTSD is rated at 70 percent, effective from December 31, 1992. Service connection for hypertension as secondary to PTSD is granted.

The Board denied service connection for the cause of death and eligibility for Dependents' Educational Assistance due to lack of evidence linking the veteran's brain condition to his military service.

The veteran's claim for outpatient dental treatment has been remanded due to insufficient evidence and the need for further examination.

The veteran is seeking an earlier effective date for the grant of a total rating based on individual unemployability due to service-connected disabilities, including whether the March 1997 decision was clearly and unmistakably erroneous.

The Board found that the appellant's application for burial benefits did not constitute an informal claim for DIC, and thus could not be used to establish an earlier effective date for DIC. The decision denied the request for an earlier effective date.

The Board found that the veteran's service-connected PTSD did not cause his death from squamous cell carcinoma of the head and neck. The Board concluded that there was no independent medical expert opinion needed to resolve this case.

The veteran's low back disability, manifested by slight limitation of motion with pain and tenderness, does not result in severe impairment. Therefore, a rating in excess of 20 percent for residuals of sacroiliac strain is denied.

The Board denied the veteran's claim for service connection for dizziness, diagnosed as labyrinthine hydrops of the left ear, as secondary to a service-connected ear disability due to lack of evidence linking his current condition to service or any service-connected disabilities.

The Board found that the veteran's waiver request was timely received and that it would not be against equity and good conscience for VA to require repayment of the overpayment at issue. The Board concluded that the veteran had not demonstrated fraud, willful misrepresentation, or bad faith in the creation of the debt.

The Board has determined that the appellant's failure to report her SSA income contributed to the creation of an overpayment. The Committee on Waivers and Compromises (Committee) found no indication of fraud, misrepresentation or bad faith on the part of the appellant. After considering all factors, including fault, undue hardship, and changing position, the Board concluded that recovery would be against the principles of equity and good conscience.

The veteran's claim for VA outpatient dental treatment was denied as he did not have a service-connected condition resulting from in-service trauma, and the evidence does not support his contention that his tooth extractions constituted 'service trauma'.

The Board has determined that the veteran's service-connected panhypopituitarism, residual of hypophyseal cyst excision is properly rated at a 20 percent rating under Diagnostic Code 7909 (diabetes insipidus), and does not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's request for waiver of overpayment of VA pension benefits, finding that it was not timely filed due to his alleged incompetence at the time he received notice of the debt. The Board noted that there was no evidence showing the veteran was incompetent during the 180-day period following receipt of the notice.

The Board has determined that the veteran's cancer of the tongue is not etiologically related to exposure to ionizing radiation during service, and thus denied his claim for service connection.