Other conditions decisions — 2002

The Board found that the veteran's income was excessive for purposes of payment of improved pension benefits and denied his claim.

The Board has granted a 30 percent evaluation for the veteran's residuals of fracture, left femur, effective as of this decision.

The Board has determined that the veteran's arthritis of the hips was not incurred or aggravated by service, and is not related to exposure during service. The claim for service connection for arthritis of the hips is denied.

The Board found that the veteran's squamous cell carcinoma, which caused his death in July 1998, was not incurred or aggravated by service and may not be presumed to have been incurred in service. The Board also concluded that a disability incurred in or aggravated by service did not contribute substantially or materially to the cause of the veteran's death.

The Board denied an increased rating for the service-connected duodenal ulcer, currently rated at 40 percent disabling.

The Board denied a compensable rating for malaria as there is no current evidence of active malaria or disabling residuals from prior episodes.

The Board has determined that the veteran does not have a current skin condition of the eyelids, and therefore, service connection for this condition is denied.

The Board denied the veteran's claims for an increased rating for ptosis of the right eyelid and a request for an earlier effective date for service connection of disfigurement of the right eyelid. The veteran was not granted any new ratings or effective dates.

The Board has granted a 10 percent rating for the veteran's residuals of a left mandible fracture, effective from January 2001.

The Board found that no new and material evidence had been presented or secured since the December 1993 RO decision, thus denying the veteran's request to reopen his claim for service connection for a disability of the left lower extremity.

The Board found no competent medical evidence linking the veteran's current throat disability to his service-connected chronic sinusitis, and thus denied the claim for secondary service connection.

The veteran's death qualifies for VA burial benefits due to his World War II service, despite not meeting current eligibility criteria.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The Board has determined that the veteran does not have a current bilateral foot disorder or skin disorder related to his military service and therefore denied both claims.

The Board found that the veteran's service-connected residuals of a concussion manifested by neurasthenia resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, warranting a 30 percent evaluation. The claim for an increased rating was denied as the preponderance of evidence did not support a higher rating.

The veteran's failure to timely notify VA of his receipt of Social Security income in 2000, while receiving VA pension benefits, constitutes a willful failure to disclose a material fact. This resulted in an overpayment and the denial of his waiver request.

The Board has determined that the veteran's scar on his right leg does not meet the criteria for a compensable disability rating based on its size, stability, or pain.

The VA denied reimbursement for unauthorized medical treatment due to the absence of a medical emergency and because VA facilities were not feasibly unavailable.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disability, finding that his sole service-connected condition did not prevent him from securing or following a substantially gainful occupation.

The veteran's request for a waiver of overpayment of pension benefits was denied due to the lack of evidence of fraud, misrepresentation or bad faith on his part. The VA found that recovery would not be against equity and good conscience as the veteran had sufficient liquid assets to cover any repayment.