Other conditions decisions — 2003

The Board found clear and unmistakable evidence that the veteran's sleepwalking disorder existed prior to his induction into service, and thus denied service connection.

The Board has determined that there is no evidence of a current conversion disorder and therefore, an increased evaluation for this condition is denied.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board has granted a waiver of recovery for the overpayment of nonservice-connected pension benefits in the amount of $2,118.00 due to the veteran's hardship and lack of resources.

The veteran died of acute bacterial pneumonia in 1998, which is not related to his military service. The Board found that the cause of death was unrelated to any incident or injury during active duty.

The veteran's surviving child is not entitled to death pension because his income, considered alone and the total of his income and his mother's income exceed the income limitations for that benefit.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations by specialists in dermatology and ophthalmology to determine if the veteran has any additional skin disorders or left eye disorder(s) related to service.

The Board has determined that the appellant cannot be recognized as the veteran's surviving spouse for purposes of establishing her eligibility for death pension benefits due to the lack of a valid marriage prior to October [redacted], 2000, and because the State of New York does not recognize common-law marriages.

The Board has granted the veteran's claim for service connection for traumatic arthritis of the left elbow, finding that it is a direct service-connected condition.

The veteran's claim for service connection for a stomach disorder is being remanded due to the unavailability of his service medical records and the need to attempt to obtain any available treatment records from Amarillo Air Force Base.

The veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war, thus failing to meet the threshold eligibility requirements.

The veteran's claim for a compensable rating for postoperative residuals of an inguinal hernia was denied as he does not have any current impairment from the hernias.

The Board of Veterans' Appeals (Board) has determined that the veteran's HIV-related illness was incurred during his active military service and grants service connection for this condition.

The Board denied the veteran's request for waiver of recovery of a nonservice-connected disability pension overpayment, finding that his bad faith in not reporting his spouse's income resulted in an overpayment. The decision is based on multiple notifications from VA regarding the need to report family income and the method of calculating pension benefits.

The Board has denied the veteran's claim for service connection for fungal infection of the hands and feet, finding that there is no evidence linking his current condition to active service.

The VA denied the veteran's claims for increased evaluations of his service-connected neutropenia, leucopenia, and eosinophilia as well as his right elbow condition. The evaluation for his olecranon spur with tendinopathy was also unchanged.

The Board has determined that the veteran does not have current evidence of deviated nasal septum or meralgia paresthetica. The claims for service connection for these conditions are denied. For the knees and shoulder, the RO considered increased rating claims under Diagnostic Code 5003, but found no compensable limitation of motion to warrant a higher evaluation.

The Board has ordered additional development due to the need for more medical records and an opinion from a VA examiner regarding the veteran's hypertension.

The Board denied the veteran's claim for service connection for residuals of a pelvis fracture, finding no evidence linking his current condition to service or any incident therein.

The Board has decided to remand the case for additional development due to a recent court decision invalidating certain regulations. The appellant's claim for service connection for cause of death will be reviewed and new evidence may be considered.