Other conditions decisions — 2004

The Board has granted the appellant's request for waiver of recovery of an overpayment of VA death pension benefits in the amount of $48,663. The decision found that the appellant's failure to report her receipt of Social Security income did not rise to the level of fraud or bad faith and thus waived recovery would be against the principles of equity and good conscience.

The Board denied service connection for the residuals of a left ear injury, finding that the injuries were not incurred in line of duty due to the veteran's willful misconduct (driving under the influence).

The Board found that the veteran's disability of the left hip was not caused by VA radiation treatment for hip replacement, and thus denied his claim under 38 U.S.C.A. § 1151.

The veteran's respiratory disability is currently rated at 60 percent, but does not meet the criteria for a higher rating. The Board also found that his service-connected disability does not render him unable to secure or follow a substantially gainful occupation.

The veteran's service-connected right and left foot disabilities are currently rated at 30 percent, effective from June 8, 1999. The RO has granted a temporary evaluation of 100 percent for the right foot disability due to surgical treatment necessitating convalescence.

The veteran's claim for an increased rating for his bilateral hearing loss was granted, with a 10% disability evaluation effective March 2000. The RO found that the veteran's current level of hearing acuity did not warrant a higher rating.

The Board has granted service connection for the veteran's residuals of shell fragment wounds of the back.

The Board finds that the veteran's right eye disability, including persistent sub-retinal fluid and vision loss, is a result of VA medical treatment performed in September 1995. The evidence is in equipoise as to whether this was due to carelessness or fault on the part of VA.

The Board has received notification from the appellant that they wish to withdraw their appeal, and as a result, the appeal is dismissed.

The Board granted service connection for PTSD, headaches, and a vision disorder. The issues of increased ratings for residuals of multiple head trauma with concussion and fractured zygoma and for mandible fracture were remanded.

The Board is remanding the case for a videoconference hearing due to jurisdictional questions regarding the timely filing of substantive appeals.

The veteran's claims for compensable ratings for his service-connected right foot and eye disabilities are being remanded to the RO for additional development, including examinations.

The Board found no evidence of current residuals of frozen feet and denied the claim for service connection.

The appellant is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional cardiovascular disability due to a procedure involving attempted ablation of supraventricular tachycardia at the VAMC in Nashville, Tennessee, on October 9, 1998. The VA examiner concluded that the third-degree heart block and pacemaker placement are not a natural progression of the veteran's condition but were caused by a complication of his ablation procedure. The case is being remanded to obtain additional information from the VA General Counsel or the appropriate Regional Counsel regarding an open and pending claim against VA under the Federal Tort Claim Act.

The veteran's claims for increased ratings for avascular necrosis of the right hip and left hip are being remanded due to the need for additional medical records and a more contemporaneous examination.

The burial expenses paid by the appellant can be used to reduce her countable income for VA improved death pension benefits.

The VA determined that the appellant's nasal deviation and obstruction do not warrant a higher evaluation than the current 0 percent rating.

The Board denied the veteran's claims for service connection for a dental disorder, joint pain, and elevated triglycerides and cholesterol. The Board found that periodontal disease was not a compensable disability under VA regulations, and there was no evidence of a current condition related to active military service or exposure to herbicides.

The veteran's claim for service connection for residuals of a squamous cell carcinoma of the left soft palate and anterior tonsil pillar, to include as due to herbicide exposure, is being remanded for further development.

The VA denied the veteran's claim for service connection of gastritis, concluding that there is no evidence linking his current condition to his military service.