Other conditions decisions — 2002

The Board has determined that the veteran's dizziness is secondary to his service-connected hearing loss and grants service connection for this condition.

The Board has determined that the recovery of a $417.00 overpayment is waived due to the appellant's failure to report her income, which led to the creation of the overpayment. The Board found no fault on the part of the VA and concluded that repayment would cause undue financial hardship.

The Board denied the appeal, concluding that the appellant's bad conduct discharge was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board found that the veteran's conduct or cooperation in her vocational rehabilitation program became unsatisfactory, resulting in the interruption of her benefits.

The Board finds that Peyronie's disease is not caused by VA treatment in November 1989, and thus the veteran does not meet the criteria for compensation under 38 U.S.C.A. § 1151. Service connection for cholecystectomy residuals secondary to nephroureterectomy residuals also cannot be established.

The Board has determined that the veteran's disability from residuals of gunshot wound to the right foot does not warrant a rating in excess of 20 percent.

The Board found no evidence of a chronic acquired respiratory disorder and denied service connection for the veteran's claimed respiratory condition. Service connection was also not granted for fatigue due to an undiagnosed illness, as there is no medical evidence linking it to service.

The Board denied the reopening of the claim for service connection for a bilateral foot disorder due to lack of new and material evidence.

The Board finds that the veteran's service-connected lamellar ichthyosis with keratoderma to the soles and palms is appropriately rated at 10 percent, as there is no evidence of constant exudation or itching, extensive lesions, or marked disfigurement. The claim for an increased rating is denied.

The VA determined that the veteran's malaria is inactive and has no current residuals, thus denying his claim for an increased rating.

The Board denied service connection for arthritis of the thoracic spine and denied entitlement to increased ratings for status post os calcis stress fractures of both feet. The veteran's right foot disability is currently rated as 10 percent disabling, and his left foot disability is also rated as 10 percent disabling.

The Board denied the veteran's request for a waiver of overpayment of pension benefits, finding that repayment would not be against equity and good conscience due to fault on the part of the veteran in creating the overpayment.

The Board denied service connection for the cause of death and eligibility for dependents educational assistance under 38 U.S.C.A. chapter 35 due to lack of evidence linking the veteran's death to service.

The veteran is found to be in need of regular aid and attendance due to his physical limitations, which require daily personal health care services. This decision grants special monthly pension based on the need for regular aid and attendance.

The Board has denied both claims for service connection, finding that the veteran's left leg shortening is a congenital defect and his scoliosis is not related to military service.

The veteran was granted an effective date of January 31, 1994 for a 50% rating for Asperger's disorder.,The veteran is also granted a total disability rating based on individual unemployability due to service-connected disability.

The veteran's claim for a dependency allowance on behalf of his step-daughter's children, S.F. and Z.F., is denied because they cannot be considered as his legal dependents due to the lack of adoption.

The Board has determined that the veteran is reasonably discharging his responsibility for supporting his children by making child support payments, and thus, the apportionment of VA benefits on behalf of the children should not be terminated.

The Board has determined that the appellant's right knee disability warrants an extension of a temporary total rating and a higher rating for his residuals of a right medial meniscectomy.

The VA denied the veteran's claim for service connection for cancer of the urinary tract, as claimed secondary to ionizing radiation exposure. The Board found that there is no current urinary tract disability and thus cannot grant service connection.