Other conditions decisions — 2004

The Board denied the veteran's application to reopen his claim of service connection for a gunshot wound of the right foot, finding that new and material evidence had not been received.

The Board denied service connection for the veteran's scoliosis, finding that it was a developmental defect and not a disease incurred during active service.

The Board has granted the waiver of an overpayment of $5,484.00 in death pension benefits, finding no fraud or bad faith on the part of the appellant.

The Board denied service connection for a chronic rash on the neck and back, as well as moles on the back, both claimed as secondary to herbicide exposure. The veteran's current skin conditions were not related to his active duty service.

The veteran is seeking an earlier effective date for his nonservice-connected pension benefits. The Board has decided to remand the case for additional development and notification.

The Board has remanded the case for additional development due to pending claims and VCAA compliance issues.

The Board has denied the veteran's claims for service connection for fractures of the right and left heels, as well as residuals of injuries to his right and left legs. The evidence does not establish current disabilities related to these conditions.

The Board denied the veteran's attempt to reopen his claim for service connection for residuals of a back injury, finding that the additional evidence submitted did not present new and material information.

The Board has denied the veteran's claims for service connection for arthritis of multiple joints, a growth in the left ear, and residuals of a fracture of the fourth metacarpal of the right hand. The RO previously denied these claims in January 2000 due to lack of evidence showing service connection.

The veteran's overpayment of pension benefits was denied due to minimal fault on VA's part and substantial fault on the veteran's part. The decision concludes that recovery would not result in the veteran being unable to provide for his family's basic necessities, but also notes that recovery would negate the objective for which the pension program was intended.

The Board found that the veteran did not suffer dental trauma in service and therefore denied his claim for service connection.

The veteran's appeal is remanded due to incomplete medical records and the need for a VA infectious disease examination.

The Board denied the veteran's claims for service connection for residuals of burns on the back as a result of treatment, residuals of a fracture of the left foot, and herniated nucleus pulposus, L-4 and L-5. The evidence submitted since previous decisions was not considered new and material.

The Board has determined that the veteran does not have a right little finger or left foot and toe disability that is related to military service, thus denying both claims for service connection.

The veteran's claim for an increased rating for his service-connected tachycardia is being remanded due to the need for updated treatment records and a current VA examination.

The Board has denied the reopening of the appellant's claim for secondary service connection for a left eye disorder and has also denied his request for an increased rating for his right eye disability. The evidence received since the last final denial does not relate to an unestablished fact necessary to substantiate either claim.

The Board has reopened the claim but denied it on the merits, finding that new and material evidence was not received to support reopening of the previously denied claim.

The Board denied the veteran's request for waiver of recovery of a pension overpayment because it was not filed within the required 180-day period.

The veteran's claim for an initial compensable evaluation for malaria is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Board denied the veteran's claim for an initial compensable evaluation for a left inguinal hernia, postoperative disability.