Other conditions decisions — 2003

The Board has granted secondary service connection for an acquired psychiatric disorder, which was aggravated by the veteran's service-connected bilateral knee disabilities. The issues of increased ratings for his right and left knee disabilities remain pending.

The Board has determined that the veteran's left eye disability, which includes tearing and drooping of the eyelid, is a residual of a shrapnel wound to the left cheek sustained during active service. The Board found that this relationship was reasonably related to his military service.

The Board found that the veteran's VA disability compensation benefits were properly reduced to a 10 percent rate, effective on the 61st day of his incarceration for a felony conviction. The payments to which he was entitled while incarcerated as of the 61st day of incarceration were reduced to that comparable to a 10 percent rating.

The veteran's pulmonary alveolitis and fibrosis have not met the criteria for a higher rating than 60 percent, as they do not demonstrate severe impairment of health or marked impairment of bodily vigor producing total incapacity.

The Board denied the veteran's claim for an increased evaluation higher than 10 percent for his service-connected imbalance with nonlocalizing nystagmus, finding that the evidence did not support a rating higher than 10 percent.

The Board has waived the recovery of an overpayment of $3,494.20 due to undue economic hardship and other equitable considerations.

The veteran's appeal is being remanded to the RO for further development, including a VA dental examination and consideration of his claim.

The Board has reopened the claim for service connection due to new and material evidence, but finds that the acquired psychiatric disorder (schizoaffective disorder) was not incurred in active service.

The Board has determined that the veteran's right ankle disability, which is service-connected for an avulsion fracture of the posterior malleolus, does not warrant a rating in excess of 20 percent.

The veteran's duodenal ulcer with gastritis is currently evaluated at 20 percent and the appeal for an increased rating has been denied.

The Board denied the veteran's claim for service connection for laryngeal cancer due to herbicide exposure, finding no evidence linking his condition to his military service.

The VA has determined that the veteran does not have active malaria or filariasis, and therefore, no compensable ratings are warranted for these conditions.

The Board has determined that the veteran's residuals of ingrown toenails are related to problems he had with his toenails during service, and thus grants service connection for this condition.

The Board denied a rating in excess of 20 percent for service-connected residuals of compression fracture of the 8th thoracic vertebra, finding that the condition alone did not interfere with employment or result in frequent periods of hospitalization.

The Board has granted the waiver of recovery of an overpayment of improved disability pension benefits in the calculated amount of $13,069 due to the appellant's failure to report countable income. The decision also considers whether collection would result in undue economic hardship.

The Board has remanded the case for further development and examination, including obtaining medical records and conducting examinations to determine the current severity of service-connected postoperative residuals of an osteoma of the left iliac crest. The issues of service connection for lower extremity, foot, and back disabilities as residuals of the service-connected postoperative left iliac crest osteoma or as proximately due to or the result of the service-connected postoperative left iliac crest osteoma are also remanded.

The veteran's peripheral vascular disease, with osteomyelitis of the left great toe, is currently rated at 70 percent disabling. The RO has continued this rating.

The Board denied the appellant's claim for waiver of recovery of an overpayment of improved death pension benefits, finding that it would not be against equity and good conscience to require repayment.

The Board has determined that the veteran did not develop a chronic throat disorder during active service and there is no current evidence of such condition. The claim for service connection is denied.

The Board has granted service connection for non-Hodgkin's lymphoma due to Agent Orange exposure, but denied earlier effective dates for the other conditions.