Other conditions decisions — 2003

The Board has granted a waiver of recovery for the overpayment of nonservice-connected disability pension benefits in the amount of $36,983 due to undue financial hardship.

The Board denied the veteran's claim for an increased rating for deep venous thrombosis of the right leg, finding that the evidence did not warrant a higher rating.

The veteran is seeking an earlier effective date for the grant of service connection for residuals of frozen feet with nerve end damage. The Board has determined that additional development is necessary to ensure compliance with the VCAA.

The veteran's claim for an increased evaluation for osteomyelitis of the left leg was denied by the RO, and the Board has remanded the case to allow for further development.

The Board denied the motion for revision of a July 1983 decision finding that the veteran's death was due to his own willful misconduct, concluding there was no clear and unmistakable error.

The Board has determined that the veteran's current mild diverticular disease is more likely than not related to service, and thus grants service connection for a colon disorder.

The Board denied the appellant's claim for service connection for the cause of her husband's death, stating that there was no evidence linking his cause of death to his period of service.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board denied the veteran's claim for a compensable rating for his service-connected postoperative residuals of a perirectal abscess, finding that the evidence did not support a finding of either constant slight or occasional moderate leakage.

The Board denied the appellant's claim for retroactive accrued benefits, finding that he had not provided evidence of expenses incurred in his father's last sickness and burial.

The Board is remanding the case to determine if the appellant meets the basic eligibility criteria for service connection and burial benefits, given her marriage to the veteran. The appeal will be considered in light of both DIC (38 U.S.C.A. § 1310) and 38 U.S.C.A. § 1318.

The Board of Veterans' Appeals has denied the appellant's claim for basic eligibility for VA disability benefits due to a lack of required military service.

The Board has determined that the veteran's current squamous cell carcinoma and actinic keratosis are related to his period of active service, including exposure to sunburns during his time in Vietnam. As a result, the claim for service connection is granted.

The Board has determined that the appeal should be remanded for additional development, including ensuring all VCAA notice obligations have been satisfied and any missing documents are associated with the claims file.

The Board denied the veteran's claim of entitlement to service connection for residuals of a left eye disability, finding no new and material evidence had been submitted. The decision was based on existing medical records showing age-related macular degeneration, cataracts, diabetic retinopathy, and refractive error.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and arranging a neurological examination.

The veteran's claims for increased ratings for residuals of a right fifth finger fracture and hypertension were denied. The Board found that the evidence did not support an increase in rating beyond noncompensable levels.

The Board has determined that the veteran's torn medial meniscus and chondromalacia of the left knee, which required a total knee replacement, is related to his service. The claim for service connection is granted.

The Board granted the veteran's request for a waiver of overpayment, finding no indication of fraud or bad faith and concluding that recovery would not be against equity and good conscience.

The Board granted a partial waiver of the loan guaranty indebtedness, reducing it to $10,000 plus interest. The decision was based on the appellant's inability to repay and her financial hardship.