Other conditions decisions — 2003

The veteran's claim for a compensable evaluation for his laceration to the dorsum of the right index finger was granted, with no specific rating assigned.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding no evidence linking his current disability to service.

The Board found no evidence of dental trauma during service and denied the veteran's claim for service connection for a dental disability.

The Board denied the veteran's request for a waiver of recovery of an overpayment of improved pension benefits, finding that his repeated failure to report income from employment earnings in 1996, 1997, 1998 and 1999 constituted bad faith.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized active service.

The VA determined that the appellant's disabilities were not due to a service-connected condition, but rather resulted from his own willful misconduct in driving recklessly and speeding.

The Board denied the veteran's claims for service connection for right eye pinguecula and pterygium, as well as left eye pterygium. The evidence did not show current diagnoses of these conditions.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his loss of vision in the left eye was caused by VA care, negligence, or an unforeseeable event.

The Board has determined that the veteran is entitled to service connection for a heart murmur, which was first diagnosed during his military service. The current medical evidence shows other cardiovascular disorders/symptomatology such as hypertension, left ventricular hypertrophy, regurgitation, etc., but these are not being granted in this decision.

The Board found that the veteran did not file a timely request for waiver of recovery of an overpayment of improved pension benefits in the amount of $33,399 within 180 days from February 16, 1995. The appeal is denied.

The VA has determined that the veteran's residuals of an appendectomy do not meet the criteria for a compensable rating under any applicable diagnostic codes.

The veteran's claim for an extension of her delimiting date for education assistance benefits under Chapter 30, Title 38, United States Code is denied as she did not meet the criteria for such an extension.

The VA has denied the appellant's requests for increased evaluations for his service-connected disabilities, with a 30 percent evaluation for residuals of splenectomy and a 10 percent evaluation for incisional herniorrhaphy.

The Board found no evidence of a current leg disorder and denied the veteran's claim for service connection.

The Board denied the appellant's claim as she did not meet the requirements for surviving spouse status under VA regulations and failed to establish that she was unaware of a legal impediment to her claimed common law marriage.

The Board denied the veteran's claims for service connection for a dental injury and an increased evaluation for peptic ulcer disease. The evidence did not support the claim of service connection for the dental injury, as there was no documented trauma to the teeth during service. For the peptic ulcer disease, the Board found that the symptoms were manageable with medication and did not meet the criteria for higher ratings.

The Board denied the veteran's claims for service connection for sterility secondary to radiation exposure and an eye disorder, finding no evidence of a current disability or a link between his military service and these conditions.

The VA determined that the appellant's right hip disability, which includes a femoral neck stress fracture and an open reduction and screw fixation, is currently rated at 20 percent disabling. The Board found no basis for a higher evaluation under applicable diagnostic codes.

The Board denied the veteran's claim for waiver of overpayment, finding that recovery would not be against equity and good conscience due to the fault of the debtor (the veteran) in creating the overpayment. The decision also noted that the purpose of VA disability compensation benefits was not defeated by recovery of the overpayment.

The veteran was granted service connection for bilateral shin splints. The Board found no current diagnosis of a foot disability or low back disability, thus denying those claims.