Other conditions decisions — 2006

The Board found that recovery of the overpayment would not be against equity and good conscience, given the veteran's current financial situation.

The Board denied the veteran's claims for increased ratings for bronchial asthma and allergic rhinitis, finding that his symptoms did not meet the criteria for a higher rating under applicable diagnostic codes. The veteran's chronic sinusitis was also found to be noncompensable.

The Board denied the veteran's claims for increased ratings for his service-connected left facial paralysis and ptosis of the left eye. The highest schedular rating available for left facial paralysis is 30 percent, which was already assigned. For ptosis of the left eye with profuse tearing, a higher initial evaluation than 10 percent was not granted.

The Board finds that the veteran's arthritis of the hips, diagnosed on x-ray, is at least as likely as not related to his complaints and treatment for hip pain during service. Therefore, the claim for service connection for bilateral hip disability is granted.

The Board has determined that the veteran's current spondylolisthesis is related to his inservice spondylosis, which did not pre-exist service. Therefore, the claim for service connection is granted.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a musculoskeletal disability secondary to his service-connected residuals of rheumatic fever.

The veteran's PTSD symptoms resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating effective November 13, 2000.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the veteran's liver disease and elevated triglyceride levels. The RO is instructed to obtain additional pathological materials from Clear Lake Pathology Associates and Methodist Hospital Department of Pathology.

The Board denied the veteran's claim for service connection for memory loss, which he claimed was due to his service-connected cerebrospinal meningitis. The Board found that there is no current evidence of a chronic disability manifested by memory loss.

The Board has granted a 40 percent rating for chronic lymphadema due to venous insufficiency of the right lower extremity, but denied an initial rating in excess of 10 percent for arthritis of the left elbow.

The Board found that the veteran's service connection claim for post-traumatic stress disorder was denied because there is no credible evidence of an in-service stressor related to his combat experience, and thus, he did not meet the criteria for service connection.

The Board has determined that the veteran's postoperative neuralgia and cardiovascular disability are both compensable under 38 U.S.C.A. § 1151 as a result of VA treatment, meeting the criteria for compensation without requiring proof of negligence or fault on the part of VA.

The Board denied an increased rating for fibrocystic changes of the left breast, finding that the current evaluation of 10% is appropriate given the nature and extent of the scar.

The Board has denied the veteran's claim for service connection for bilateral cataracts, postoperative, as secondary to his service-connected diabetes mellitus. The evidence does not support a finding that the cataracts are related to his service-connected condition.

The veteran's total combined disability rating is 70%, meeting the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded the case for further development, including obtaining service records and notifying the veteran of the VCAA requirements.

The Board denied the veteran's claim for service connection as there was clear and unmistakable evidence showing that the degenerative joint disease of the left great toe's interphalangeal joint existed prior to entry into active duty, and it did not worsen during service.

The Board has determined that the veteran's otitis media, which likely preexisted service, was incurred during his military service and is not aggravated by it. The decision grants service connection for this condition.

The Board has granted a 30 percent rating for mood disorder as of January 7, 2003 and has denied restoration of the 40 percent rating for diabetes mellitus.

The Board found that the evidence received since the March 1992 RO decision was not new and material, thus denying the veteran's attempt to reopen his claim for service connection for a bilateral leg condition.