Other conditions decisions — 2002

The Board has determined that the appellant's discharge from service was under conditions other than honorable, which serves as a bar to receiving VA pension benefits.

The Board has ordered the case to be remanded for additional development, including scheduling a personal hearing for the veteran. The appeal is not about service connection and thus does not involve any of the specified conditions or theories.

The Board denied the veteran's claim for service connection for bilateral cataracts, finding that there was no evidence linking his condition to exposure to ionizing radiation in service.

The Board found that the veteran's death was not caused or substantially contributed to by a service-connected disability, and thus denied the claim.

The Board found that the evidence does not show that the veteran's infertility was incurred in or aggravated by service, and is not proximately due to or the result of any disease or injury incurred in or aggravated by service. Therefore, the claim for service connection for infertility has been denied.

The Board has reopened the veteran's claim for service connection for essential tremors, finding that new and material evidence has been submitted. The claim will now be considered on its merits.

The Board of Veterans' Appeals has determined that the veteran does not have a diagnosed disability entity in either leg, and thus service connection for a bilateral leg disability is denied.

The Board has reopened the veteran's claim of service connection for a urethral stricture and bladder disability, to include contracture and cystitis. The additional service medical records showing urinary problems during service are considered new and material evidence.

The Board has remanded the case to the RO for further action, including scheduling a hearing and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claim of reopening his skin condition due to Agent Orange exposure, finding that new and material evidence had not been submitted.

The Board found that the veteran did not have current chronic otitis media, a left elbow disability, or defective hearing for VA benefits purposes and denied his claims.

The Board denied the veteran's request for a waiver of recovery of an overpayment of $23,880 in compensation benefits due to her failure to show that recovery would be against equity and good conscience.

The VA denied the veteran's claim for a higher rating for his gouty arthritis of the knees and ankles, assigning him a 40 percent initial disability rating. The condition does not meet the criteria for a higher rating.

The Board denied service connection for a skin disorder claimed as due to exposure to Agent Orange, finding no evidence of such a condition and noting the veteran's presumed exposure to herbicide agents in Vietnam. The claim for reopening the chloracne claim was also denied.

The veteran's gouty arthritis is rated at 60 percent disabling, which is higher than the initial 40 percent rating. The decision grants a higher disability evaluation based on the severity of his symptoms.

The Board denied the veteran's claim for an increased rating for his service-connected right thumb disability, finding that the current 20 percent rating adequately reflects the severity of his condition.

The Board has granted the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $2,823. The decision concludes that there is no indication of fraud or bad faith on the part of the appellant and that recovery would be against equity and good conscience.

The Board denied the appellant's claim of entitlement to basic eligibility for VA benefits, finding that new and material evidence had not been presented. The decision was based on a denial in March 1951 due to lack of qualifying military service.

The Board of Veterans' Appeals has determined that the veteran's service-connected left femur fracture residuals do not warrant a higher disability rating, as they are currently rated at 10 percent.

The Board has determined that the veteran's service connection for missing teeth numbers 15, 32, 30, 4, 14, 17, and 18 is granted. The veteran is eligible for one-time VA outpatient dental treatment.