Other conditions decisions — 2003

The Board denied the veteran's claims for increased ratings for his service-connected hypertrophy of the right testicle with chronic epididymitis and varicocele of the left testicle, finding that the current ratings adequately reflect the severity of these conditions.

The Board has denied the veteran's claims for an increased rating for scleroderma and a TDIU rating, finding that her service-connected disabilities do not prevent her from securing or following a substantially gainful occupation.

The Board found that the veteran's chronic lymphocytic leukemia is not related to his active service or any disease or injury therein, including claimed exposure to radiation. The claim for service connection was denied.

The veteran is eligible for compensation for disability attributable to pancytopenia resulting from VA medical treatment that produced additional disability not reasonably foreseeable.

The Board has determined that the earliest date for which the veteran is entitled to nonservice-connected pension benefits is May 25, 1999.

The Board has denied the veteran's claim for direct fee payment from past-due benefits due to a lack of final decision on his TDIU claim.

The Board granted an increased evaluation of 10 percent for the appellant's service-connected residuals of shell fragment wounds of the left lower extremity and a total rating based on unemployability due to service-connected disabilities. The claim for increased evaluation of the left upper extremity disability was denied.

The Board found that the veteran did not sustain trauma to his upper front tooth during active service and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim of basic eligibility for VA benefits, but he does not meet the requirements for veteran status.

The Board found that the veteran promptly reported his receipt of earned income and SSA benefits to the VA, and thus did not find fraud, misrepresentation or bad faith on his part. The claim for waiver of recovery of an overpayment of VA improved pension benefits is granted.

The Board dismissed the appeal as the RO granted service connection for the cause of the veteran's death under 38 U.S.C.A. § 1310, rendering moot the appellant's alternative claim of entitlement to DIC benefits under 38 U.S.C.A. § 1318.

The Committee denied the appellant's request for a waiver of recovery of an overpayment of educational benefits in the amount of $2049.75.

The Board found that the veteran's spondylosis, L5-S1, right side preexisted his active service and did not undergo an increase in severity during service. The current degenerative arthritis is likely due to the natural progression of his preexisting back condition and is not related to his brief military service.

The Board denied the appellant's claim for basic eligibility for VA survivors' pension benefits due to a certification from the service department stating that her deceased spouse had no recognized active duty service.

The Board has determined that the veteran does not have a disability manifested by multiple joint pain or residuals of an injured great right toe that is causally related to any injury or disease during his period of service. The claim for service connection was denied.

The veteran's service-connected right foot and thigh disabilities have not been rated higher than the current 20% and 10% ratings, respectively.

The Board has granted increased evaluations for thalamic pain syndrome of the left upper and lower extremities, but denied an evaluation in excess of 10 percent for weakness of facial muscles due to lacunar ischemic infarction.

The Board found that the veteran's actions contributed to the creation of the loan guaranty indebtedness and denied the waiver request, as recovery would not be against equity and good conscience.

The VA denied the veteran's claims for increased ratings for postoperative residuals, excision of sebaceous cysts on both cheeks. The RO found that the scars were asymptomatic and did not meet the criteria for a compensable rating under either the old or revised rating criteria.

The Board denied the veteran's claim for service connection for his right foot disorder, finding that there was no medical evidence linking his current disabilities to his military service or any service-connected conditions.