Other conditions decisions — 2003

The veteran is entitled to a waiver of the overpayment of nonservice-connected pension benefits in the amount of $1,068 due to fault on his part and VA's role in creating the overpayment. The decision also considers that collection would not result in undue hardship.

The Board denied the appellant's claims for service connection for residuals of head trauma and an increased evaluation for myositis, finding no new and material evidence to reopen the claim for residuals of head trauma. The Board also found that there was insufficient medical evidence linking the appellant's current eye conditions to his military service.

The Board found that there is no evidence of arthritis of the right hip being incurred in or aggravated by service, and thus denied the claim.

The veteran's service-connected sickle cell disease is manifested by continued impairment of health, but does not cause painful crises several times a year or symptoms precluding other than light manual labor. The criteria for a disability evaluation in excess of 20 percent have not been met.

The Board has remanded the case for additional development and compliance with VCAA requirements.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims of clear and unmistakable error (CUE) in two rating decisions, one granting a temporary total disability rating for service-connected keratitis residuals from August 16 to December 31, 1990, and another denying an extension beyond that date.

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

The Board has determined that the veteran's chronic bilateral foot disorder, characterized as dermatophytosis, is service-connected.

The Board granted the veteran's request for waiver of recovery of a compensation overpayment in the amount of $3,513. The remaining $129 was denied due to lack of fault on his part and potential hardship.

The Board has granted service connection for the cause of the veteran's death, eligibility for Chapter 35 educational benefits, and service-connected burial benefits based on evidence showing a cardiovascular disorder that began in service and contributed to the veteran's death.

The Board has decided to remand the case for further development, including a new VA examination and consideration of the claim under newly enacted provisions of Diagnostic Codes 5235-5243. The veteran's intervertebral disc syndrome will be evaluated based on these revised criteria.

The Board denied the veteran's claim for service connection for a benign chromophobe adenoma of the pituitary gland, attributing it to exposure to ionizing radiation. The decision is based on the lack of scientific evidence showing a relationship between radiation exposure and development of pituitary tumors.

The Board has granted a 30 percent evaluation for post-inflammatory hyperpigmentation, effective from the date of grant of service connection. The veteran's claim for gastrointestinal disorder remains on appeal.

The Board denied the veteran's claim for service connection for a lung disorder secondary to asbestos exposure, finding no evidence of such exposure during his military service and insufficient medical evidence linking his current condition to service.

The Board has determined that the appellant knowingly submitted false documentation concerning her VA benefits claim, leading to a forfeiture of her rights.

The Board denied service connection for amputation of the right little toe, finding that it was not incurred in or aggravated by military service.

The Board found that the veteran's currently demonstrated skin disability, perianal and crural intertrigo, is not shown to have been manifested in service or for many years thereafter. The intertrigo was not caused or aggravated by any incident of service.

The Board denied the veteran's claims for service connection for a back injury, bronchial pneumonia, and seasonal allergy due to lack of evidence linking these conditions to his military service.

The Board found that the reduction in the monthly rate of payment for Dependency and Indemnity Compensation (DIC) benefits was proper due to a VA error, and thus denied the appellant's claim for restoration of the erroneous monthly rate.