Other conditions decisions — 2003

The Board has determined that there is no evidence of a current disability in either the right or left foot, and no evidence of a current disability in the lumbar spine. The veteran's claims for service connection have been denied.

The Board has determined that the veteran's service-connected laceration of the left middle finger does not warrant an evaluation in excess of 20 percent, as it is productive of moderate disability resulting from severance of the flexor digitorum profundus tendon and some loss of range of motion.

The Board has granted a 20 percent rating for the service-connected residuals of fractures of T-6 and T-7, with post-traumatic arthritis.

The Board has restored the prior 10 percent rating for the veteran's service-connected right hernia disability, finding that there has not been an improvement in his condition.

The Board found no evidence to support the veteran's claim that his current back disability is related to service, and denied the claim.

The Board denied the veteran's request for a waiver of recovery of an overpayment of $1,000.00 from his disability compensation benefits due to fault on both the part of the veteran and VA in creating the debt.

The veteran's adenocarcinoma of the prostate, status post radical perineal prostatectomy, with urinary incontinence has been rated at 40 percent since August 30, 2000.,The veteran's impotence is currently rated at zero percent.

The Board denied the veteran's request for an earlier effective date of September 20, 1998, for the payment of an additional dependency allowance for his spouse. The decision stated that the veteran failed to provide social security numbers for his dependents as required by law and regulations.

The veteran is seeking an earlier effective date for the grant of service connection for transitional cell carcinoma of the bladder, and also raises a claim alleging clear and unmistakable error in prior rating determinations. The case is being remanded to address both issues.

The Board has granted service connection for the appellant's status post fracture of the nose and traumatic deviation of the nasal septum with epistaxis, effective from May 23, 1996. The disability is currently rated as 10 percent disabling.

The Board has determined that the appellant does not meet the qualifying service requisite for a nonservice-connected pension due to his service in the New Philippine Scouts, which is not deemed to be 'active military, naval, or air service' for purposes of eligibility for such benefits.

The Board denied the veteran's claim for an earlier effective date for disability compensation, finding that the earliest possible effective date was February 1, 1998.

The veteran's failure to promptly report his receipt of Social Security benefits resulted in an overpayment of improved disability pension benefits. The Board found that the veteran acted with bad faith and denied waiver of recovery.

The Board granted a 10 percent rating for the veteran's left knee disability and denied a compensable rating for his right knee disability.

The veteran's claim for improved pension benefits based on unreimbursed medical expenses prior to October 1, 2000 is denied. However, the appeal is granted for her claim subsequent to October 1, 2000.

The Board determined that the appellant's spouse did not have qualifying military service, and therefore denied her eligibility for VA benefits.

The Board has denied the veteran's claims for noncompensable disability evaluations for his service-connected residuals of stress fractures of both heels.

The Board denied the appellant's requests for waiver of recovery of overpayments of improved death pension benefits in amounts of $2,366 and $12,347 due to her failure to file a timely request within 180 days after notification of each overpayment.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding that his current condition was not related to any head injury sustained during active military service.

The Board denied the appellant's request for a waiver to recover an overpayment of death pension benefits due to her failure to report an increase in her Social Security income, which resulted in an overpayment. The Board found that her actions constituted bad faith.