Other conditions decisions — 2003

The Board has determined that the current evaluation of 10 percent for the veteran's service-connected left heel spur is appropriate and denied an increased rating.

The Board found that the veteran does not have any residuals of aseptic viral meningitis which can be related to his period of service and denied his claim for service connection.

The Board denied an increased rating for the veteran's service-connected laparotomy scar, finding that the current evaluation of 10 percent is the highest possible under the applicable criteria.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 as his current disability of the neck and left upper extremity did not result from VA treatment performed in April 1996.

The Board found no residuals of a cold injury were incurred in or aggravated by active service.

The veteran's nicotine dependence, which began in service and continued post-service, was found to be the immediate or underlying cause of his death. Service connection for this condition is granted.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because he passed away during the appeal process.

The Board has determined that the veteran's degenerative joint disease with nerve impingement of the lower back is proximately due to or the result of his service-connected right peroneal nerve palsy.

The VA determined that the veteran's arthritis of multiple joints, including his back pain, was not incurred in service.

The VA denied a compensable evaluation for the veteran's service-connected diplopia, finding that it is occasional and correctable.

The Board denied the veteran's request for waiver of recovery of an overpayment of education benefits, finding that there was fault on the part of the veteran in creating the overpayment and no fault on the part of VA. The decision concluded that recovery would not be against equity and good conscience.

The Board found that the appellant did not file a timely claim for waiver of recovery of an overpayment of $8,440 in improved death pension benefits. The Committee granted a partial waiver of this debt.,Regarding the remaining overpayment of $10,106, the Committee denied the request for waiver due to the appellant's fault in creating the overpayment and lack of financial hardship.

The Board has determined that a vitreous floater of the right eye was incurred in active military service and granted service connection for this condition.

The Board denied the veteran's application to reopen his claim for service connection for a skin disorder, claimed as a residual of exposure to Agent Orange based on new and material evidence. The RO also denied the veteran's claim for service connection for a low back disorder.

The Board has denied the veteran's claims for service connection for chest and left rib injuries sustained in a motor vehicle accident during active duty, as there is no current disability associated with these inservice injuries.

The veteran's edema of the left lower extremity is not a separate disability and her swelling of the right lower extremity does not indicate an underlying service-connected condition. Service connection for these conditions is denied.

The appellant's eligibility for payment of Chapter 30 educational assistance benefits under 38 U.S.C.A. § 3018C was denied prior to November 6, 2001 due to the failure to meet the eligibility requirements set forth in the law.

The veteran's service connection for dental disability is granted, allowing him VA outpatient treatment. For the period from October 1, 1994 to August 13, 1996, he was awarded a 10 percent initial rating for plantar warts on his right foot and left foot.

The Board has granted the veteran's request for waiver of indebtedness of an overpayment of improved pension benefits in the calculated amount of $18,074.00.

The Board has determined that the appellant's hypertensive disease may be presumed to have been incurred in service due to a high blood pressure reading during his military service, and this is supported by medical evidence.