Other conditions decisions — 2012

The Board found that the Veteran was at fault in creating the overpayment due to his failure to promptly notify VA of his incarceration. Recovery of the overpayment would not be against equity and good conscience as it did not result from fraud, misrepresentation, or bad faith on the part of the Veteran.

The Veteran's claim for service connection for residuals of a back injury is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has determined that the Veteran's lymphoid leukemia was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The preponderance of evidence is against finding a link between the Veteran's active military service and his lymphoid leukemia.

The Veteran does not have shell fragment wounds with residuals to buttocks with retained shell fragment that is due to disease or injury that was incurred in or aggravated by active service.

The Board has determined that the Veteran's bilateral knee disabilities, specifically her meniscus tears and degenerative joint disease, warrant a 20% rating as per Diagnostic Code 5260 for limitation of flexion.

The Board denied the Veteran's claims for service connection for gastritis and pancreatitis, finding that there was no evidence of these conditions during his active duty service.

The Veteran's claim for a rating in excess of 10 percent for his crusted lesion, lower left leg, is being remanded due to the need for further development and clarification regarding whether this condition is separate from or related to his service-connected osteomyelitis.

The Veteran's Whipple resection and subsequent complications are not considered to be due to VA carelessness, negligence, lack of proper skill, error in judgment or similar fault. The Board finds that the additional disability is not caused by VA treatment.

The Veteran's service-connected left inguinal neuralgia is rated at the maximum allowable under VA rating criteria, and no higher rating can be assigned based on current evidence.

The Veteran's right hip replacement warrants a 50 percent rating prior to April 16, 2009 and a 70 percent rating from that date. The left hip disability is rated at 10 percent.

The Veteran's duodenal ulcer is not currently active and does not cause functional impairment. The Veteran does not have additional disability as the result of surgical hiatal hernia repair performed at a VA facility in 1957.

The Board has determined that new and material evidence has not been submitted to reopen the claim for compensation under 38 U.S.C.A. § 1151 for a dental disorder due to VA treatment.

The Board has remanded the Veteran's claim for further evidentiary development, including obtaining VA treatment records from East Orange, New Jersey and Augusta, Georgia. The case is now pending a new VA examination to determine if any nasal disorder is related to service.

The Board has remanded the case due to non-compliance with previous instructions and a need for further development, including obtaining SSA records related to the Veteran's disability benefits.

The Board denied a compensable rating for condylomata acuminata, finding no current manifestations of the condition. The Veteran's xerosis was also not service-connected.

The Veteran's right eye blindness disorder is not service-connected and was not caused by his service-connected posttraumatic headaches.,Bilateral atheromatous disease and bilateral varicose veins are also not service-connected, as there is no evidence of their onset within one year after service.

The Veteran's appeals for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional urinary incontinence, left lower extremity neurological impairment, and myocardial infarction as a result of VA treatment were denied due to lack of evidence showing these conditions were proximately caused by VA medical services.

The Veteran is not entitled to special monthly pension based on the need for aid and attendance due to his disabilities. However, he meets the criteria for housebound benefits as a result of his age and disability.

The Veteran's appeal for an earlier effective date for the award of nonservice-connected disability pension benefits has been dismissed as the prior final rating decision is subsumed by a later Board decision.

The Board has granted an effective date of June 5, 2006 for the assignment of a 100 percent disability rating for cerebellar degenerative disease and cerebellar ataxia with loss of use of both upper extremities. The Veteran's symptoms have been present since July 2005.