Other conditions decisions — 2003

The veteran's claim for exemption from medication copayments for a nonservice-connected disability was denied because his income exceeded the maximum annual rate of pension in 2000, 2001, and 2002. He is not eligible for an exemption due to his service-connected disability rated at 20 percent.

The Board has denied the veteran's claims for an increased evaluation for his service-connected left eye corneal opacity with light perception only and service connection for a right eye condition secondary to his service-connected left eye condition.

The Board found no credible evidence to support the veteran's claim that he suffered a head and neck injury in service, thus denying his claim for service connection.

The Board has granted an increased rating to 20 percent for the veteran's right tibia and fibula fracture residuals, which approximates malunion with moderate ankle and knee disability.

The Board has remanded the case for further development regarding whether it was medically infeasible for the veteran to initiate or continue participation in a Chapter 31 training program prior to October 22, 1994.

The Board found that the overpayment of improved disability pension benefits was properly created due to the veteran's failure to report his spouse's income from cashed life insurance and interest, which contributed to the creation of the debt. The decision also denied the waiver of recovery of the overpayment.

The Board has determined that the veteran's herpes zoster of the eye was caused by exposure to a nurse at the VA Medical Center who did not wear gloves, resulting in an infection. The claim is granted.

The VA denied a rating in excess of 40 percent for the veteran's varicose veins of the right leg, as his condition did not meet the criteria for a higher evaluation under both old and new criteria.

The VA determined that the appellant's left middle finger scar is a 10 percent disabling condition, considering it well-healed and nontender but with continued episodic discomfort. The decision grants a rating of 10% for this condition.

The Board finds that the veteran's cognitive deficits are due to undiagnosed illness and service in the Persian Gulf War, with no organic cause found.

The Board has granted the waiver of overpayment of education benefits in the amount of $2373.91, finding that recovery would be against equity and good conscience due to fault on both the part of the veteran and VA.

The Board has granted service connection for atypical facial neuralgia along the superior alveolar nerve, finding that the symptoms began in service and have continued since then.

The Board has determined that the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization at Champlain Valley Physicians Hospital Medical Center from October 14 to 17, 1998 was denied due to a lack of evidence showing that the services were rendered in a medical emergency or under circumstances where VA facilities were not feasibly available.

The veteran's appeal was dismissed due to her passing, and the Board has no jurisdiction over the case.

The veteran's claim for reimbursement of unauthorized private medical care from April 19, 2000, through April 26, 2000 is denied because the treatment was not for a service-connected disability or an aggravating nonservice-connected disability.

The veteran's son is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to reaching his 26th birthday before the effective date of a finding of permanent total service-connected disability.

The Board found that the veteran did not die of chronic respiratory disability and denied both service connection for the cause of death and accrued benefits.

The Board denied the veteran's claims for service connection for a skin disorder, an elbow disorder, and an ankle disorder. The evidence did not establish that these conditions were incurred or aggravated during his military service.

The Board has determined that the veteran's schizoaffective disorder warrants a 70 percent rating, effective from April 1992.

The veteran withdrew their appeal before the Board could make a decision.