Other conditions decisions — 2002

The Board has granted a 60 percent disability rating for the appellant's service-connected intervertebral disc syndrome, which is the maximum available under the Rating Schedule.

The veteran's claims for increased ratings for his service-connected right and left foot disorders are being remanded due to the need for additional examinations, consideration of pain on use, and clarification of the medical history.

The Board found that the veteran's current pulmonary disability is not related to his military service, particularly secondary to asbestos exposure.

The veteran's appeal for service connection for carcinoma of the skin has been dismissed due to his death.

The VA determined that the veteran's right forearm laceration scar warranted a non-compensable rating (0%) since 1979, and increased it to 10% effective July 22, 1996. The claim for an increased evaluation remains on appeal.

The VA has granted a higher rating of 30 percent for the veteran's residuals of a fracture of the right talus with traumatic arthritis, effective from November 9, 2000.

The veteran's failure to report changes in his dependency status resulted in an overpayment, and the Board denied his waiver request due to bad faith.

The Board denied the appellant's application to reopen her claim of being recognized as the veteran's surviving spouse for VA benefits, finding that new and material evidence was not presented.

The Board has determined that the veteran's overpayment of improved pension benefits should be waived due to undue financial hardship caused by his disability and lack of work, resulting in a decision granting waiver.

The Board found that the veteran's failure to report income from part-time work he did in 1997, 1998, and 1999 caused an overpayment of VA improved pension benefits. The debt was waived because repayment would not result in unfair gain to the veteran or cause undue financial hardship.

The veteran's claims for service connection and evaluations for various conditions were denied. The Board found that the left hip condition was proximately due to his service-connected left heel disability, while back and foot issues did not meet the criteria for service connection. Sinusitis evaluations were also denied.

The Board found that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The appellant's appeal is denied as he is not a veteran and thus does not meet the eligibility criteria for a VA fee-basis outpatient medical treatment card.

The appellant's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is denied as he does not meet the legal criteria to be considered a veteran and therefore, cannot qualify for this benefit.

The VA determined that the appellant's service-connected bilateral defective hearing does not warrant a rating higher than the currently assigned 10 percent since it did not meet the criteria for a higher evaluation under either the old or amended version of the VA Rating Schedule for Hearing Loss.

The Board determined that there was new and material evidence to reopen the case, and remanded for further development. After completion of the development, the Board found that the veteran's current low back disorder did not have its onset in service or due to a service-connected disability.

The Board denied the veteran's claim for payment or reimbursement of private medical expenses incurred at Columbia Colleton Medical Center on October 13, 1999 due to lack of evidence of a service-connected disability or participation in an approved rehabilitation program.

The Board has determined that the appellant's discharge was due to willful and persistent misconduct, without evidence of insanity. Therefore, his character of discharge is a bar to VA compensation benefits and health care under Chapter 17.

The Board found that the veteran did not incur additional permanent disability, including a left leg disorder, as a result of surgery at a VA facility. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board has determined that a 10 percent disability evaluation is warranted for the veteran's service-connected left leg nerve disability, as it primarily manifests by neuropathic pain and decreased sensation in the peroneal distribution.