Other conditions decisions — 2006

The veteran's left hip disability is rated at 30 percent prior to January 7, 2003 and after March 1, 2004. The case was remanded for further development, and the current rating of 30 percent remains in effect.

The Board denied the claim as new and material evidence was not presented to reopen the previously denied right eye disability claim.

The VA denied the veteran's claim for an increased disability rating for his service-connected residuals of a head injury, finding that the evidence did not meet the criteria for an increased rating.

The Board has determined that the veteran's chronic enteritis associated with Zollinger-Ellison syndrome is not due to disease or injury incurred in service and therefore denied his claim for service connection.

The Board denied the veteran's claim for a compensable rating for his service-connected residuals of bilateral tibial stress fractures due to his failure to report for a scheduled VA medical examination without good cause.

The Board found that the reduction of the rating to 30 percent was properly based on a finding that the veteran's service-connected right sternoclavicular joint subluxation with dislocations had undergone improvement in ability to function under ordinary conditions of life and work, and was not manifested by limitation of motion of the right arm to 25 degrees from the side or by fibrous union of the humerus.

The Board denied service connection for a disability of the right calf muscles and upheld the current evaluation for varicose veins of the right leg with phlebitis.

The Board has remanded the case for further development, including a specific finding of exposure to asbestos during service and adjudication based on alleged radio wave exposure. The appellant's claim will be reconsidered in light of these requirements.

The Board found that the veteran's macular dystrophy was not incurred in or aggravated by service and denied his claim.

The veteran's claim for an increased rating for his fungus infection of the left hand, feet, thighs, toes, and ears is being remanded due to incomplete examination reports.

The Board found that the veteran's fibroid tumors were not incurred in or aggravated by her active duty military service.

The Board found that the veteran's service-connected disabilities did not meet the criteria for SMC at the (r)(1) rate prior to March 26, 1993 due to lack of loss of use of his right foot and need for regular aid and attendance.

The Board found that the veteran's pension benefits were properly terminated effective September 1, 1992 due to excessive income. The overpayment of $1,528 was denied as there was no showing of fraud, misrepresentation or bad faith on the part of the appellant.

The Board denied the veteran's request for a waiver of overpayment of VA vocational rehabilitation subsistence allowance benefits, finding that recovery would not be against equity and good conscience.

The Board denied the appellant's request for waiver of recovery of an overpayment of Chapter 30 educational benefits in the amount of $4,461.00 due to his failure to reimburse VA for the erroneous award and his lack of cooperation with providing financial information.

The Board's May 1957 decision upholding the severance of service connection for defective hearing is overturned due to clear and unmistakable error, as the evidence clearly shows that the veteran's pre-existing hearing loss did not worsen during service.

The Board denied the appellant's claims for increased evaluations for his right inguinal hernia disability, finding that there was no evidence of recurrence prior to February 8, 2005 and insufficient evidence to warrant a higher rating after that date.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his cancer to military service or exposure to herbicides.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to clarify the nature of the veteran's psychiatric disability and determine if it is related to service.

The Board found that the veteran does not have a current neurological disorder and that even if he did, it is not attributable to service. Therefore, his claims for service connection and special monthly compensation were denied.