Other conditions decisions — 2006

The Board has determined that recovery of the overpayment would not be against equity and good conscience, as the veteran's fault in creating the debt outweighs any possible financial hardship resulting from repayment. The claim for waiver of compensation overpayment is denied.

The Board denied service connection for a right leg disability and bilateral foot disability, finding no evidence of in-service injury or disease.

The Board determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, specifically his AWOL status. As a result, he is not eligible for VA benefits.

The Board has determined that recovery of the overpayment of nonservice-connected pension benefits in the amount of $12,855.00 is granted due to undue financial hardship and other equitable considerations.

The veteran's ovarian cysts and adhesions, with right salpingectomy and oophorectomy, are currently rated at 10 percent from June 1, 2003 onwards. The claim for an increased rating is denied.

The Board denied the appellant's claim for an extension of a temporary total evaluation beyond March 31, 2002 due to insufficient evidence showing additional convalescence following his surgery.

The Board has granted service connection for interstitial lung disease due to asbestos exposure during active service. Service connection was not established for a prostate disorder, as there is no competent evidence linking the current condition to service.

The Board has determined that the veteran's arthritis of L-5 is related to service and grants service connection for this condition.

The Board has determined that the veteran's arthritis of the hips is service-connected and/or aggravated by her service-connected cervical and dorsal spine disorders. The rating for her degenerative arthritis of the dorsal spine with kyphosis and wedging of D7, D8, and D9 was increased to 20 percent effective from September 26, 2003. Her claim for an increased rating for her cervical spine disability remains denied.

The Board has remanded the case for further development, including obtaining VA medical records and giving the veteran another opportunity to submit evidence. The claim will be adjudicated again based on the new information.

The VA has granted a 10 percent evaluation for the veteran's hallux valgus of the left foot, effective from November 1, 2006.

The Board has determined that the veteran's numbness of the right thumb is not related to his military service and therefore denied his claim for service connection.

The Board found that the veteran's testicular cancer was not incurred in or aggravated by his active duty service and denied his claim for service connection.

The Board has reopened the claims for ear fungus and residuals of a left femur fracture, but denied service connection for nerve disabilities as secondary to residuals of a left femur fracture. The claim for residuals of a left femur fracture is considered direct service connection due to pre-existing condition aggravation during service.

The Board has granted reimbursement for the cost of a previously approved chair lift, to offset the cost of an elevator that the veteran installed in his home.

The Board found that the veteran's involuntary jerking, muscle soreness, and stomach soreness did not have a relationship to his service-connected post-traumatic headaches. The condition was determined to be unrelated to any aspect of his military service.

The Board found that there is no evidence of a link between the veteran's current diagnosis of Keratosis Pilaris and his period of active military service.

The Board denied service connection for cause of the veteran's death due to lack of evidence linking his bronchogenic carcinoma to service, including any asbestos exposure.

The Board has denied the veteran's claims for service connection for a back injury and respiratory disability due to lack of evidence showing such conditions were incurred during active service.

The Board finds that the appellant is entitled to recognition as the surviving spouse of the deceased veteran for purposes of VA benefits.