Other conditions decisions — 2004

The appellant's request for waiver of a $14,270 overpayment was denied due to her failure to report Social Security income, which resulted in an overpayment. The Board found that she engaged in fraud by not reporting this income and thus waived the debt is precluded.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development and consideration.

The veteran's appeal is being remanded for further development of his claims, including scheduling VA examinations and considering the appropriateness of an extraschedular rating.

The Board has determined that the veteran's pre-existing Crohn's disease was aggravated by active service, warranting service connection.

The Board has granted service connection for hypertropia and diplopia of the eyes, but denied service connection for myopia, astigmatism, and cataracts.

The Board found that the appellant's preexisting hallux valgus right foot was aggravated by military service, and granted service connection for a right foot disorder.

The Board has remanded the case for additional development, including obtaining recent medical records and conducting a VA examination. The veteran's claim for an increased evaluation for hallux valgus of the right great toe with degenerative changes is pending.

The Board denied the veteran's claims for service connection for a pilonidal cyst and skin rash, as well as his increased rating claim for left knee arthritis and initial rating claim for instability of the left knee. The decision also referred to an issue regarding a right knee disability on secondary basis.

The veteran's service-connected left foot drop is rated at 40 percent, and the Board finds that this rating adequately reflects his disability.

The Board found that the metastatic squamous cell cancer of the tonsil did not cause or contribute substantially to the veteran's death, and was not related to his military service.

The Board has determined that the veteran's claimed conditions, bilateral pterygium and a stomach disorder or duodenal ulcer, were not incurred in service. The evidence does not establish service connection for these conditions.

The Board has determined that the veteran's failure to report his spouse's Social Security disability benefits resulted in overpayments of non-service-connected disability pension benefits. The case is being remanded for a paid-and-due audit and further clarification on income information.

The VA denied the veteran's claim for an increased (compensable) rating for malaria, finding no compensable residuals of the disease.

The Board has determined that the veteran's colon abnormality, characterized as benign neoplasms, punctate nodules or polyps, is a result of service and cannot be dissociated from his service-connected hemorrhoids.

The veteran's stepdaughter seeks accrued benefits, but the Board found no legal entitlement to such benefits as there were no unpaid VA benefits due at the time of his death.

The Board denied the appellant's claim for an increased allowance for burial and plot benefits as the veteran was not service-connected for any disability at the time of his death, nor did he die from a service-connected cause. The maximum burial and plot allowances based on a nonservice-connected death have already been awarded to the appellant.

The Board denied the veteran's claims for increased evaluations for varicose veins of the left lower extremity and atrial fibrillation, finding that the evidence did not meet the criteria for an increased evaluation under the applicable rating criteria.

The Board has determined that the veteran does not have current diagnoses of influenza or pneumonia, and there is no evidence linking these conditions to his military service. Therefore, the claims for service connection are denied.

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 has granted an initial 10 percent evaluation for the veteran's dysarthria, status post left carotid endarterectomy, effective June 21, 2002.