Other conditions decisions — 2003

The Board found that the appellant's left inguinal hernia, which was present at the time of his entry into active duty, did not undergo a chronic increase in severity beyond normal progression during service. Therefore, the claim for service connection is denied.

The Board denied the veteran's request for waiver of recovery of overpayment of VA disability pension benefits in the amount of $4,158 due to a lack of timely filing.

The Committee on Waivers and Compromises granted the veteran's request for a waiver of recovery of an overpayment of improved pension benefits in the amount of $6,980.00.

The Board of Veterans' Appeals denied the appellant's request for waiver of recovery of an overpayment of VA improved death pension benefits in the amount of $13,406.00.

The Board denied an increased rating for the veteran's left elbow disability, finding that it did not meet criteria for a higher than 20 percent rating based on limitation of motion and ulnar nerve involvement.

The veteran's appeals for increased ratings for his right malleolus fracture and hallux valgus with right ventral foot pain were denied as the evidence did not meet the criteria for higher disability evaluations.

The Board found that the veteran did not sustain a head or right leg injury during service and any current disabilities are not related to service. The claims for service connection were denied.

The Board has determined that the veteran's loss of teeth is not related to his service-connected seizure disorder and the medication prescribed for it. The loss was due to improper oral hygiene, which developed years after service.

The Board found no evidence of additional disability resulting from the November 1989 total hip replacement, and thus denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.

The Board dismissed the appeal due to a lack of timely filing of a substantive appeal for service connection for Post Traumatic Stress Disorder.

The Board denied the claim to reopen the entitlement to VA benefits due to lack of new and material evidence, as all submitted documents were either previously considered or did not provide any significant new information.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the Philippine Commonwealth Army, as determined by the United States service department.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not aware of any legal impediment to her purported common law marriage being valid.

The Board found no evidence to support service connection for the veteran's cause of death, which included cardiorespiratory arrest, acute myocardial infarction, and peptic ulcer disease. The appellant claimed these conditions were related to his military service, but there was no evidence to substantiate this claim.

The Board found that the veteran's hiatal hernia was rated at a 10 percent disability effective from June 30, 1995. The decision also noted that the veteran met the criteria for a 10 percent rating prior to June 7, 1983 but had not received compensation due to an error in the October 1983 notice letter.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at MUSC from April 7 to 22, 1999 due to VA having already paid for initial treatment at McLeod Regional Medical Center and because VA is not responsible for paying for unauthorized private hospital care after a medical emergency ends.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the veteran for purposes of eligibility for VA benefits.

The Board denied an increased evaluation for the veteran's residuals of stress fracture of the right hip and pelvis, except for a reduction to 10 percent effective June 1, 2002. The case is remanded for further development.

The Board denied the veteran's claim for service connection for dysthymia as secondary to his service-connected degenerative changes of the lumbar spine, finding that there was no evidence supporting this relationship.

The Board denied the veteran's claim for a compensable initial rating for his service-connected bilateral epididymal cysts, finding that there was no current disability related to these conditions and thus no basis for a compensable evaluation.