Other conditions decisions — 2005

The Board denied the appellant's request for a waiver of recovery of an overpayment in her VA death pension benefits, finding that while there was no fraud or bad faith on her part, the debt could not be waived due to the negative elements of equity and good conscience outweighing the positive ones.

The Board has remanded the case for additional development, including a VA psychiatric examination and consideration of all evidence added since the July 2005 Supplemental Statement of the Case.

The Board denied the claim for service connection for drug and alcohol abuse as secondary to service-connected PTSD.

The Board has granted a rating of 60 percent for the veteran's service-connected left L3-L4 herniated nucleus pulposus (HNP), which is in excess of the initial 40 percent assigned.

The veteran's urethral stricture and bulbar foreign body are rated at 60 percent disabling, the maximum under VA rating criteria.

The veteran's claims for increased ratings for his service-connected urethroplasty residuals and left foot bunionectomy with recurrence of hallux valgus were denied. The veteran was previously rated at 20 percent for the urethroplasty, but no rating change is granted in this decision.

The Board found that the veteran's right femoral/inguinal hernia disability is currently manifested by complaints of pain, without recurrence. The preponderance of evidence does not support an increase in evaluation beyond the current 10 percent rating.

The VA denied the veteran's claim for service connection for a skin disorder of the hands, finding that there was no diagnosed condition linked to his in-service herbicide exposure and that he did not have chloracne, which is one of the conditions presumed to be associated with Agent Orange exposure.

The VA determined that the veteran's current jaw disability was not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have a compensable service-connected dental disability for which he can receive compensation, and thus his claims for missing teeth are denied. For treatment purposes, the veteran is also denied as he does not qualify under any of the categories outlined in 38 U.S.C.A. § 1712.

The VA denied the veteran's claim for service connection for basal cell carcinoma of the face, right forearm, and right ear, finding that there was no evidence linking his current condition to his military service or exposure to Agent Orange.

The Board has reopened the claim for service connection of a right eye condition and granted it, finding new and material evidence to support the claim.

The Board has granted a 10 percent evaluation for the veteran's service-connected residuals of a foreign body in the right foot, and also granted a separate 10 percent evaluation for neuritis in the right great toe.

The Board has restored the veteran's disability rating for residuals, Hodgkin's lymphoma from April 1, 2002 to a 30 percent level.

The Board has determined that an effective date of January [redacted], 2001 is warranted for the award of DIC benefits due to the termination of the appellant's remarriage by divorce.

The Board denied the veteran's request to reopen his claim of service connection for dental disability, finding that no new and material evidence had been received.

The Board has determined that a chronic disability manifested by joint pain of the left leg was not incurred in or aggravated by service.

The veteran's claim for special monthly pension based on the need for aid and attendance or housebound rate is being remanded due to incomplete notification under the VCAA.

The Board has determined that the appellant did not have qualifying military service for basic eligibility to VA benefits and therefore denied his claim.

The veteran's appeal has been withdrawn, and the case is dismissed.