Other conditions decisions — 2003

The veteran's service-connected residuals of a lower back injury are productive of a disability picture that more nearly approximates pronounced intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months, warranting a 60 percent rating.

The Board denied the appellant's application to reopen his claim for revocation of forfeiture of VA benefits due to lack of new and material evidence.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that no basis existed under the law to assign such a date prior to June 18, 1998.

The VA determined that the veteran does not currently have Dilantin hyperplasia and overgrowth of gum tissue typical of Dilantin hyperplasia, but rather has chronic generalized moderate to severe periodontitis. As a result, they denied a compensable rating for service-connected Dilantin hyperplasia.

The Board found that the cause of death was metastatic colon cancer, which is not service-connected. The veteran's service records did not show any evidence of colon cancer during or immediately after his military service. Therefore, the claim for service connection for the cause of death was denied.

The veteran's claim for an evaluation in excess of 30 percent for hydradenitis suppurativa was granted, with a rating assigned at 70 percent.

The Board denied service connection for breast cancer, finding no evidence of a causal link to Agent Orange exposure.

The Board denied the veteran's claim for an increased rating for his service-connected nasal fracture, finding that the symptoms were commensurate with the current 10 percent rating assigned under Diagnostic Code 6502.

The Board found that the veteran's conditions were not caused by VA medical care, but did find a right groin postoperative scar as a residual of repair of a pseudoaneurysm. The decision is mixed on whether benefits are warranted for the impotence and other symptoms or just the postoperative scar.

The Board of Veterans' Appeals (Board) has remanded the case to the originating agency for additional evidentiary development, including obtaining private clinical records from Cape Coral Hospital and medical opinions regarding whether appellant's condition was 'emergent.' The appeal is currently in a pending state.

The Board has determined that the veteran does not have a genitourinary disorder that was incurred in or aggravated by his military service.

The Board found that the overpayment of $944 was properly created due to the appellant's failure to notify VA promptly of her divorce, and that the overpayment of $2166 was also properly created. However, it denied waiver of recovery of the overpayment as collection would not be against equity and good conscience.

The Board has reopened the claim for service connection for residuals of a vertebral fracture and a disc disorder due to new evidence. The veteran's back problems during service are not considered to have caused his current conditions.

The Board has granted a 100 percent evaluation for the veteran's duodenal ulcer with gastrectomy, finding that the disability is pronounced and unrelieved by standard ulcer therapy.

The Board found that the appellant's preexisting hernia condition did not increase in severity during his active duty for training, and thus denied service connection.

The Board dismissed the matter due to lack of jurisdiction, as it was held that issues involving entitlement or eligibility for attorney fees cannot be the subject of sua sponte or other original BVA review.

The Board found that the veteran's chikungunya disease was not incurred in or aggravated during his active duty service and denied the claim.

The Board denied the veteran's request for a waiver of overpayment of $22,093.00 in VA pension benefits due to his failure to report changes in income accurately and timely.

The Board has determined that the veteran is not entitled to outpatient dental treatment under 38 C.F.R. § 17.161 due to lack of eligibility based on his gastrointestinal disorder.

The Board found that the veteran's actions were not done with intent to seek an unfair advantage, and thus did not find bad faith. The overpayment was created due to the veteran's failure to return a regular check after negotiating a hardship payment. The Board concluded that recovery of the debt would not be against equity and good conscience as it would not defeat the purpose of benefits otherwise authorized.