Other conditions decisions — 2003

The Board found that the overpayment of VA nonservice-connected pension benefits in the calculated amount of $16,447.00 was not properly created due to administrative error by VA in sending notification letters to an incorrect address.

The VA has determined that the veteran's service-connected cardiovascular disorder does not warrant a higher disability rating based on current medical evidence.

The Board denied the veteran's claim for service connection for perforation of the tympanic membrane as there is no current medical evidence of a perforation.

The Board found that the veteran's Goodpasture's disease was not incurred in or aggravated during service, nor may it be presumed to have been incurred in service as a result of exposure to herbicides.

The Board has determined that the veteran's claimed back and neck disabilities are not service-connected, as they were not present in service or for many years thereafter, nor are they causally related to his service-connected residuals of a gunshot wound to the right ankle.

The Board denied the veteran's claims for increased ratings for osteomyelitis and residuals of a gunshot wound of the left leg, finding that the evidence did not support a higher rating based on constitutional symptoms or other factors.

The Board found that the veteran's actions constituted bad faith, resulting in foreclosure and a substantial loss to the United States Government. As such, his waiver request was denied.

The veteran's appeal is being remanded for further evaluation of his service-connected gynecomastia and for consideration of the issue of service connection for bilateral carpel tunnel syndrome as secondary to service-connected disabilities. The VA will provide a physical examination, consider all applicable diagnostic codes, and issue a Supplemental Statement of the Case.

The case is being remanded for scheduling a Travel Board hearing at the RO in St. Petersburg.

The veteran's urticaria is manifested by attacks of skin irritation and lightheadedness, with laryngeal involvement causing shortness of breath, occurring five times a week. The Board finds that the veteran's overall level of symptomatology is consistent with that enumerated for a 40 percent rating under Diagnostic Code 7118.

The Board has granted service connection for a shrapnel wound to the left side incurred during active service. The heart murmur is not related to service.

The October 1995 decision denying service connection for the cause of the veteran's death as due to exposure to ionizing radiation is final. New and material evidence has not been submitted to reopen the claim.

The Board has recognized Susan as the veteran's spouse, based on evidence of prior marriages and recent divorce decrees.

The veteran's claim for service connection for bilateral ear deformities was denied, and the effective date of this grant is not granted.

The Board dismissed the appeal due to the appellant's withdrawal of his claim.

The veteran's appeal regarding the validity of VA indebtedness in the amount of $18,112.00 and his entitlement to waiver of recovery of that debt has been dismissed due to withdrawal by the appellant.

The veteran's claim for an earlier effective date for service connection of Grade 2 spondylolisthesis was denied by the Board.

The Board has granted the veteran's claim for service connection for a skin disorder, finding it to be due to exposure to Agent Orange during military service.

The Board denied the appellant's request to waive an overpayment of death pension benefits, finding that she was primarily at fault for not promptly reporting her income from the Philippine Social Security System (PSSS).