Other conditions decisions — 2003

The veteran's service-connected irritable colon syndrome with diverticulosis is currently rated at 30 percent, but the Board finds that this rating already reflects his severe symptoms and does not warrant a higher evaluation.

The veteran's claim for an increased evaluation of his postoperative residuals of a fractured left middle finger (major) with degenerative joint disease was denied as he failed to report for scheduled VA examinations without good cause.

The Board has determined that the veteran's service-connected postoperative residuals, herniated disc, L5-S1, left warrants a 40 percent disability rating effective October 24, 2000.

The Board has determined that the veteran's fungal rash was incurred in service and grants his claim for service connection.

The Board has granted service connection for chronic inflammation of the right eye socket with a 10% evaluation effective September 1, 2001.

The Board denied the appellant's claim of basic eligibility for VA death benefits because her deceased spouse had no recognized active duty service.

The Board found that the claimant's service was not verified and therefore denied eligibility for VA benefits based on service.

The Board has granted the veteran's waiver of recovery for an overpayment in his nonservice-connected disability pension benefit amounting to $1,816.75.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $15,263.00 due to his fault in not reporting his spouse's income.

The Board found that the veteran's multiple lipomas did not manifest during service or until many years thereafter, and they have not been shown to be causally related to herbicide exposure during active service. Therefore, service connection for multiple lipomas was denied.

The Board found no evidence of dental trauma during service and concluded that the veteran did not meet eligibility criteria for VA outpatient dental treatment.

The Board denied the veteran's claim for an initial compensable rating for genital herpes as he failed to report for scheduled VA skin examinations, and his failure to do so resulted in denial of the claim.

The veteran does not have a current skin disability and the VA has found no evidence of such. The claim for service connection is denied.

The Board found no evidence linking the veteran's HIV/AIDS to his active service or to a VA medical procedure, and thus denied both claims.

The veteran's request for a waiver of overpayment in his VA pension benefits was denied due to the failure to complete financial status reports and inconsistencies in reporting income, which resulted in an overpayment. The Board found that recovery would not be against the principles of equity and good conscience.

The Board has reopened the veteran's claim of entitlement to service connection for left ear otitis media due to new and material evidence submitted since the last final denial in February 1949.

The Board has determined that the veteran developed shin splints during service and continues to experience symptoms, granting service connection for bilateral shin splints.

The VA determined that the veteran's residuals of a shell fragment wound to Muscle Groups II, V, and VI, with multiple retained foreign bodies do not warrant an evaluation in excess of 30 percent.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of a shell fragment wound of the right eye and left forearm, finding that the evidence did not meet the criteria for higher evaluations.

The Board dismissed the appeal due to a lack of timely notice of disagreement. The July 1989 rating decision was found not to contain clear and unmistakable error.