Other conditions decisions — 2006

The Board has determined that the veteran's service-connected chronic nonsuppurative otitis media with defective hearing does not warrant a compensable disability rating.

The Board has denied the termination of the appellant's improved death pension benefits effective January 1, 2000, based on excessive income and also denied her claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $8920.10.

The Board denied increased ratings for otitis media and residuals of fracture right fibula and tibia, finding no evidence of current arthritis in the right leg. Service connection for arthritis was also denied.

The Board denied service connection for the cause of death due to lack of evidence showing a disease or injury in service. The claim was not reopened as new and material evidence was not submitted.

The Board denied the veteran's claim for an increased rating for postgastrectomy syndrome, finding that his condition did not meet the criteria for a higher disability rating.

The Board found that the appellant's overpayment of $4,049.47 was validly created due to concurrent receipt of DIC and Chapter 35 benefits at the same time. Since there is no indication of fraud, misrepresentation, or bad faith on the part of the appellant in the creation of the overpayment, he is entitled to a waiver of his indebtedness if repayment would not violate principles of equity and good conscience.

The Board has decided to remand the case for additional development due to incomplete information and potential errors in service records. The veteran's claim will be reviewed again after obtaining her complete personnel file.

The Board denied the veteran's claim for service connection under 38 U.S.C.A. § 1151 for a left finger disability, finding that there was no evidence of actual or functional recurrent subluxation or lateral instability in his knees and that he did not have a left finger disability as the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical personnel during surgery.

The Board denied the veteran's claim for educational assistance under Chapter 30, Title 38, United States Code due to lack of legal merit or entitlement under the law.

The Board has dismissed the appeal due to the death of the appellant.

The Board has decided to remand the case for further investigation and adjudication regarding whether an overpayment of VA compensation benefits was properly created, and if so, whether waiver of recovery is warranted.

The Board found no evidence linking the veteran's current right arm condition, diagnosed as carpal tunnel syndrome with ulnar neuropathy, to his service or any aspect thereof. The claim for service connection was denied.

The Board has found that the veteran's AML is at least as likely as not attributable to herbicide exposure during military service, specifically Agent Orange. Therefore, the claim for service connection for AML is granted.

The Board has determined that the veteran's service-connected hypertensive vascular disease with nephritis and gouty arthritis do not warrant increased disability evaluations as there is no evidence of severe impairment or incapacitating episodes.

The Board has determined that the veteran's cerebellar ataxia was not incurred or aggravated during service, and there is no evidence of a nexus between his current condition and any incident of service. The claim for service connection is therefore denied.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. ¶ 1151 for residuals of a pulmonary embolus is denied as there is no competent medical evidence showing that the proximate cause of his disability was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The Board has determined that the veteran's avascular necrosis of both hips did not begin during service or as a consequence of active service, and therefore denied his claim for service connection.

The VA denied a schedular rating above 40 percent for the service-connected subtotal gastrectomy with Billroth II anastomosis prior to January 29, 1999.

The VA has granted a 30 percent rating for the veteran's service-connected cataract, traumatic, right eye with complete blindness. The maximum schedular amount is assigned due to the total blindness in one eye and normal vision in the other.

The VA denied the appellant's claim for an increased rating for his service-connected postoperative residuals of a herniated nucleus pulposus, currently rated at 20 percent. The Board found that the disability did not meet criteria for a higher rating.