Other conditions decisions — 2007

The Board finds that recovery of the overpayment of $1,811 for the period from October 1, 1999 through October 28, 1999 is against equity and good conscience. Therefore, waiver of this overpayment is granted.

The Board has denied the veteran's claims for service connection for endometriosis and ovarian cysts, finding that there is no clear and unmistakable evidence showing these conditions pre-existed her military service.

The veteran's overpayment of compensation benefits due to incarceration following a felony conviction on August 30, 2002 was denied as the claim fails because of absence of legal merit or lack of entitlement under the law.

The Board found that the veteran's service-connected post-operative residuals of a gunshot wound to the abdomen and left pneumothorax do not meet the criteria for higher disability evaluations. The scars of the left midaxillary line and trunk have also been evaluated as non-compensably disabling.

The Board found no evidence to support the veteran's claims of service connection for a skin disorder and right hip injury, as there was no medical nexus linking these conditions to his military service.

The Board denied an initial rating greater than 20 percent for the veteran's right tibia disability, finding that the evidence did not support a higher evaluation.

The Board has granted an effective date of September 3, 2002 for the grant of service connection for cancer of the larynx. The veteran's informal claim in September 2002 was considered as a formal application to reopen his previously denied claim.

The Board has reopened the veteran's claim for service connection for a right elbow disability as secondary to his service-connected right wrist disability, but finds that there is no evidence linking this condition to service or service-connected conditions. As such, the claim for direct service connection remains denied.

The Board found no evidence of a heart condition in service or within the applicable presumptive period, and thus denied the claim for service connection for cause of death.

The Board denied the veteran's claim for non-service connected disability pension benefits as he did not meet the basic eligibility requirements due to lack of wartime service. The appeal is dismissed.

The VA determined that the veteran's left lower quadrant abdominal pain is not service-connected due to lack of a diagnosed condition.

The veteran's appeals for service connection and an earlier effective date are pending. The Board has determined that the veteran withdrew his appeal regarding ligament damage of the right elbow due to heart catheterization in service, leaving only the issues of service connection for heart damage from heart catheterization and seeking an earlier effective date.

The Board has determined that the veteran's service connection claim for idiopathic dystonia is denied as there is no evidence of a disability in service and no nexus between any current disorder and service.

The Board has determined that the veteran's current respiratory disorder is related to his military service, and thus grants service connection for a respiratory disorder.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Englewood Community Hospital on August 17, 2004 was denied because the treatment was not authorized in advance and no VA facility was feasibly available.

The Board has determined that the veteran's duodenal ulcer does not meet or more nearly approximate the criteria for a rating in excess of 10 percent.

The veteran's claim for service connection for a nervous disorder is being remanded due to the need to verify his Army Reserve service and obtain medical records from his unit.

The Board denied service connection for residuals of an injury to the left lower abdominal/groin area and denied a rating greater than 20 percent for umbilical hernia.

The veteran claims service connection for a preexisting bilateral hip and leg disorder that was aggravated by his active service. The Board has ordered further development to determine the nature of the disability, its etiology, and whether it is related to service.

The appeal is dismissed due to the appellant's death.