Other conditions decisions — 2003

The Board found that the appellant's discharge from service was dishonorable and therefore a bar to VA benefits, including nonservice-connected pension benefits.

The Board is unable to determine if the claim should be reopened due to lack of notification under the VCAA, and thus remands the case for further action.

The Board found that the veteran does not have a chronic gastrointestinal disorder related to his service or a service-connected disability, and therefore denied the claim for service connection.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits, finding no new and material evidence to reopen the claim. The veteran did not have a service-connected disability at the time of his death.

The Board denied a compensable evaluation for left varicocele since July 20, 1993, finding no evidence of functional impairment or symptoms.

The VA determined that the appellant's $200,000 settlement under the Federal Tort Claims Act (FTCA) should be offset against her DIC benefits due to a failure by VA to provide adequate medical care for the veteran. The full amount of the FTCA settlement is subject to recoupment from her DIC payments.

The Board has determined that the veteran's failure to report receipt of Social Security benefits did not constitute bad faith, misrepresentation or fraud. Therefore, waiver of recovery of overpayment of $18,028.00 is granted.

The Board has granted service connection for residuals of cold injury to the ears and denied a compensable rating for residuals of a fractured little finger.

The Board denied the claim, finding that there was no credible evidence showing any additional permanent disability involving the lower extremities resulted from VA hip replacement surgeries performed in 1993 and 1996.

The Board found that the veteran does not have additional disability due to VA hospitalization or medical treatment, and concluded that the proximate cause of his bilateral eye disability was not carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The Board has determined that the veteran does not have additional disability of the right lower extremity as a result of VA treatment, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's claim for service connection for chronic residuals of yellow fever, including residuals of yellow fever immunization is denied as there is no evidence to support a diagnosis or treatment related to these conditions.

The veteran's claim for service connection for a chronic lung disorder is being remanded due to the need to obtain her post-service medical records from the Bronx VA Medical Center under her correct name.

The Board has granted service connection for the veteran's residuals of broken toes but assigned a noncompensable disability evaluation.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved VA pension benefits, finding that his actions constituted bad faith and thus waived recovery was not warranted.

The VA has determined that the veteran's right elbow epicondylitis, post-surgery, does not warrant a higher rating as his range of motion is full and he reports no current pain.

The Board found that the cause of death, pneumonia, was not incurred in service or related to a service-connected disability. Therefore, service connection for the cause of death is denied.

The Board has determined that the veteran's right elbow tendonitis is not related to his period of active duty service and therefore denied his claim for service connection.

The Board denied the veteran's claim for service connection of periodontal disease as secondary to renal disease, status post kidney transplant, for treatment purposes due to lack of eligibility under VA regulations.

The Board denied the veteran's claim for service connection for ingrown toenails, bilateral feet as there was no evidence of such condition during or after service.