Other conditions decisions — 2004

The Board found that the appellant's request for waiver of overpayment was not timely filed, as it was made more than 180 days after notice of the indebtedness was sent to her address. The Board denied the claim.

The Board found that the veteran's service with the Recognized Guerrillas is not considered active military service for purposes of death pension benefits and therefore, the appellant does not have legal entitlement to death pension benefits.

The veteran's service-connected disabilities, including a gunshot wound to the left forearm with nearly complete paralysis of the median and ulnar nerves, do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development to determine if the veteran's death was due to exposure to ionizing radiation and whether he had non-Hodgkin's lymphoma, a radiogenic disease. The RO will obtain his hospital records and seek medical opinions on these matters.

The Board found that the veteran's fault in creating the overpayment was substantial, and granted a waiver of recovery of the $7,003.00 overpayment.

The veteran's appeal was dismissed because the decision is moot due to his death.

The Board has determined that the veteran's service-connected right thumb and left great toe disabilities do not warrant a rating in excess of the currently assigned ratings under either the old or new rating criteria.

The Board found that the veteran's cardiovascular disease was not caused or contributed to by service-connected PTSD, and thus denied both service connection for cause of death and DIC under 38 U.S.C.A. § 1318.

The Board found that the veteran's claimed organic brain disorder is not causally related to his military service or any incident thereof, including herbicide exposure.

The Board denied the veteran's claim for service connection for a skin disorder, finding that it was not incurred in or aggravated by service and not linked to exposure to Agent Orange.

The VA determined that the veteran's current nervous disorder, including hysterical neurosis, did not occur during service and was not aggravated by service. The Board found no evidence to support a finding of service connection.

The Board found no current chronic acquired disorders of either hip and denied the veteran's claims for service connection as secondary to his service-connected residuals of multiple fractures of the left tibia.

The Board denied the claim for service connection for the cause of the veteran's death due to metastatic carcinoma of the rectum, finding that it was not related to military service or exposure to herbicides.

The Board has reopened the veteran's claims for service connection for infection of right lower leg and cellulitis, thrombophlebitis left lower leg. The Board also found that these conditions are related to his in-service symptoms.

The Board has granted a higher rating of 20 percent for the veteran's peroneal tendonopathy, status-post resection, right ankle. The claim for service connection for primary hypogonadism with infertility, low bone mass and Sertoli cell syndrome remains pending.

The Board has granted an apportionment of $132.00 a month of the veteran's VA pension benefits on behalf of the appellant prior to July [redacted], 2002, as it would not work undue hardship on the veteran and his dependents.

The veteran's claim for an increased rating for residuals of a fracture of the left tibia and fibula is being remanded due to inadequate VCAA notice, need for new VA examination, and incomplete medical records.

The veteran's bad faith actions in failing to report all income from every source resulted in an overpayment of $74,712. The Board found that these actions preclude consideration of a waiver of recovery.

The veteran's claim for service connection for pulmonary fibrosis, interstitial fibrosis, and emphysema is being remanded due to the need for a VA examination to determine if his current conditions are related to exposure to noxious gases or smoke during active duty.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for loss of sense of smell, which was previously denied in 1990. The veteran's current medical records suggest a possible link between his exposure to chemicals during service and his current condition.