Other conditions decisions — 2003

The Board has determined that the veteran's failure to notify VA of his incarceration contributed to an overpayment, but his fault was mitigated by his disability and inability to obtain information. The Committee found that recovery would not be against equity and good conscience.

The Board denied service connection for the cause of death and entitlement to Dependents' Educational Assistance under chapter 35. The examiner concluded that the veteran's cause of death was acute coronary insufficiency, not related to his service-connected varicose veins.

The Board denied the veteran's appeal as there is no current legal basis for finding an effective date for the termination of a dependency allowance subsequent to the last day of the month in which his divorce occurred (October 1, 1992).

The Board denied service connection for basal cell carcinoma as due to herbicide agents used in Vietnam, finding that the evidence did not support a link between the veteran's skin disorders and his military service or exposure to Agent Orange.

The veteran's left shoulder disability was granted a 30 percent evaluation from May 30, 1992 to March 8, 1993 and from November 1, 1993. From July 23, 2002, the veteran is entitled to a 20 percent evaluation for his L5-S1 spondylolisthesis with chronic lower back pain.

The Board has granted service connection for impotence as secondary to chronic prostatitis and awarded a 40 percent disability rating for chronic prostatitis, effective from the date of the decision.

The veteran's left ankle disability, including tarsal tunnel syndrome, is currently rated at 10 percent. The appeal for a higher initial rating for the tarsal tunnel syndrome remains pending.

The Board found that the veteran does not have objective indications of an undiagnosed illness manifested by multiple joint aches or skin rash, and thus denied service connection for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a back injury.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for dysethesias of the left foot, secondary to a gunshot wound to the left foot. The claim is therefore reopened.

The Board has determined that the veteran's schizotypal personality disorder and obsessive compulsive disorder were not incurred in or aggravated by active service. The diagnosis of obsessive compulsive disorder was established over 15 years following service, and there is no probative evidence linking it to service.

The Board denied an increased evaluation for the veteran's varicose veins of the left leg, finding that it did not meet the criteria for a rating in excess of 60 percent.

The Board found no evidence of a current dental condition related to the veteran's inservice Vincent's angina and concluded that it did not cause his current periodontal disease.

The veteran was hospitalized at Bradley County Memorial Hospital due to a medical emergency, and treatment by a VA facility was not feasibly available. The Board found that the hospitalization was warranted as it did not involve a service-connected condition or an associated aggravation of a pre-existing condition.

The Board dismissed the case because it lacked jurisdiction to review the April 1995 contingent attorney fee agreement.

The Board found that the veteran's current residuals of a concussion, diagnosed as status post closed head injury, are related to his active service and granted his claim for service connection.

The Board found that the veteran's amputations of the left leg were not due to treatment received at a VA facility and did not result in additional disability. The claim was denied.

The Board found that the overpayment was not properly created for a portion of the period from February 1997 through March 1999, and the remaining overpayment was properly created. The veteran's intentional failure to report his income resulted in an overpayment, which is denied due to bad faith.

The Board has determined that the veteran's bilateral defective hearing does not meet the criteria for a compensable evaluation.

The Board denied service connection for dental disorders other than those affecting teeth 23, 25, and 26 due to lack of evidence supporting the claim.