Other conditions decisions — 2005

The Board has granted a waiver of recovery for an overpayment of $438 in VA compensation benefits, finding that it would be against equity and good conscience to enforce the debt.

The Board has determined that the veteran's cardiovascular disability and ulcer were not incurred or aggravated by service, nor can they be presumed to have been incurred in service. The evidence does not support a finding of service connection for these conditions.

The veteran's claim of service connection for tremors and nervousness is being remanded due to the submission of new evidence, which needs to be reviewed by the agency of original jurisdiction.

The veteran's claim for payment of unauthorized private medical expenses incurred on November 20, 2002 was denied because he did not timely submit the required certification statement.

The Board denied an earlier effective date for a 10 percent evaluation for bilateral defective hearing, finding that it was not factually ascertainable that the disability met the rating criteria prior to June 27, 2000.

The Board has remanded the case for further development, including obtaining service medical records and verifying any prior Navy service. The veteran is to be provided a VA orthopedic examination to determine if his spondylolisthesis was incurred during active duty or aggravated by service.

The veteran's claim for an earlier effective date for service connection of degenerative myopia of the left eye is being remanded due to a lack of proper VCAA notice.

The Board denied the veteran's claims for service connection for visual impairment and head injury residuals, finding no evidence of in-service injury or aggravation. The right foot and low back disorder claims were also denied as new and material evidence was not received to reopen them.

The Board has determined that the preponderance of evidence is against the veteran's claim for service connection for defective vision in the right eye, including his claimed senile cataracts. The Board found no nexus between the veteran's active military service and these conditions.

The veteran's vocal cord paralysis is not considered to be a result of negligence or fault on the part of VA, and therefore he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including obtaining private treatment records from a psychiatrist. The veteran's claim of service connection for a personality disorder with alcohol dependence remains pending.

The Board denied the veteran's claim for service connection for gout, finding that there is no competent medical evidence showing a direct relationship between his gout and service-connected pes planus or that it was incurred within one year of discharge.

The Board has determined that the veteran's cardiovascular disease was not incurred or aggravated in service and denied his claim for service connection.

The Board has determined that the appellant's discharge from service was dishonorable due to willful and persistent misconduct, including AWOL, larceny, forgery, and general article offenses. As a result, his discharge constitutes a bar to VA benefits.

The Board has determined that the veteran's current mental and neurological conditions are not related to his active service, and thus denied his claim for service connection.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of pension debt in the amount of $13,023.00 due to lack of evidence of fraud or bad faith and because repayment would cause undue hardship.

The veteran's service-connected residuals of a left mandible fracture are currently rated at 50 percent, and the Board has determined that this rating is appropriate based on his current symptoms.

The veteran seeks a compensable evaluation for his service-connected residuals of a back wound. The Board has remanded the case to the RO for additional development, including obtaining an examination and reviewing medical records.

The Board has found that the veteran does not currently have temporomandibular joint syndrome and denied service connection for this condition. The claim for reopening a spinal disorder diagnosis was also denied as new evidence did not constitute material evidence.

The Board has granted service connection for colon cancer, finding that the veteran's exposure to x-ray radiation during service contributed to his current condition.