Other conditions decisions — 2003

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no evidence linking his current low back condition to his military service.

The Board denied the veteran's claim for an evaluation greater than 10 percent for residuals of pneumonia, finding that the medical evidence did not show more severe manifestations at any time since August 25, 2000.

The Board has determined that the veteran's current bilateral defective hearing is related to noise exposure during active service and grants service connection for this condition.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for the cause of the veteran's death.

The Board denied the veteran's request for waiver of overpayment in his VA pension benefits, finding that repayment would not be against equity and good conscience due to fault on the part of the veteran.

The Board denied an increased rating for intervertebral disc syndrome with minimal degenerative changes and lower extremity neurological abnormality, currently rated at 40 percent. The TDIU claim is referred to the RO for further action.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C.A. �� 1151 and 1318, finding that timely substantive appeals were not filed.

The veteran's appeal for waiver of recovery of an overpayment of VA compensation benefits was denied by the Board. The decision states that the fault lies with the veteran in not promptly informing the VA of his incarceration, which led to the creation of the overpayment.

The veteran's prostatitis with a spastic bladder is rated at 20 percent, and the other issues are not addressed in this decision.

The Board determined that the correct amount of separation pay to be recouped from VA disability compensation was $24,039.94.

The Board found that the veteran's sleep disturbances, swelling of hands and feet, and skin rash were all due to an undiagnosed illness during service.

The Board denied the veteran's claims for initial compensable ratings for his right inguinal hernia and residuals of a post-operative ruptured right Achilles tendon, finding that the evidence did not meet the criteria for a compensable rating at any time.

The Board denied the veteran's claims for service connection for skin problems and hair loss as a result of exposure to ionizing radiation, and for reaction to serum vaccines. The evidence did not support these claims.

The Board has determined that the veteran's scoliosis was aggravated by a service injury, and thus service connection is granted.

The veteran's claim for service connection for residuals of an injury to the right hip and leg was denied as there is no current evidence of a disability, and the condition resolved without residual issues during service.

The Board found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for duodenal ulcer disease, thus denying the reopening of the claim.

The veteran withdrew his appeal regarding the initial compensable rating for temporomandibular joint syndrome.

The veteran's claim for a compensable rating for visual impairment, status post-operative right orbital blow-out fracture was denied as he failed to report for scheduled VA examinations.

The Board denied the veteran's claim of entitlement to service connection for generalized arthritis, finding that there was no evidence of diagnosed arthritis in other joints.

The appellant's DIC benefits were terminated effective August 1, 2001 due to her remarriage. The Board denied the claim for an earlier effective date.