Other conditions Board decisions

The Board has reopened the veteran's claims for service connection for infection of right lower leg and cellulitis, thrombophlebitis left lower leg. The Board also found that these conditions are related to his in-service symptoms.

The Board has granted a higher rating of 20 percent for the veteran's peroneal tendonopathy, status-post resection, right ankle. The claim for service connection for primary hypogonadism with infertility, low bone mass and Sertoli cell syndrome remains pending.

The Board has granted an apportionment of $132.00 a month of the veteran's VA pension benefits on behalf of the appellant prior to July [redacted], 2002, as it would not work undue hardship on the veteran and his dependents.

The veteran's claim for an increased rating for residuals of a fracture of the left tibia and fibula is being remanded due to inadequate VCAA notice, need for new VA examination, and incomplete medical records.

The veteran's bad faith actions in failing to report all income from every source resulted in an overpayment of $74,712. The Board found that these actions preclude consideration of a waiver of recovery.

The veteran's claim for service connection for pulmonary fibrosis, interstitial fibrosis, and emphysema is being remanded due to the need for a VA examination to determine if his current conditions are related to exposure to noxious gases or smoke during active duty.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for loss of sense of smell, which was previously denied in 1990. The veteran's current medical records suggest a possible link between his exposure to chemicals during service and his current condition.

The veteran is seeking service connection for squamous cell carcinoma of the right tonsil, which he claims as a residual of Agent Orange exposure during his military service. The case has been remanded to provide VCAA notice and complete necessary development.

The veteran's claim for recognition as the dependent spouse of H.R.W. was denied because her prior marriage to D.C. was not legally terminated, and she did not provide evidence that a diligent search had been made to determine if her husband was alive.

The Board denied the veteran's request for a waiver of overpayment of improved disability pension benefits due to his failure to promptly report receipt of Social Security benefits, which resulted in an overpayment. The decision found that the veteran acted with bad faith by seeking unfair advantage.

The Board has remanded the case due to a lack of VCAA notification and for further verification of the appellant's spouse's service eligibility.

The veteran is seeking an initial compensable rating for his left elbow injury. The Board has determined that additional development, including a VA examination and consideration of the evidence, is needed to properly adjudicate this claim.

The Board found that the veteran's death was not caused by or related to his service-connected condition, and thus denied the claim for service connection for the cause of death.

The Board found that the overpayment of VA benefits in the amount of $24,640 was not properly created due to sole administrative error by VA. As a result, there is no overpayment for recovery purposes.

The Board denied the claim of entitlement to VA benefits based on the veteran's death, finding that the appellant is not a legally valid claimant for these benefits as he was over 18 years old and did not become permanently incapable of self-support before reaching age 18.

The Board found that the veteran's application for MGIB education benefits was timely and granted his claim, as there were no indications of fault on his part in the delay caused by the educational institution.

The Board denied the veteran's claim for service connection for a bilateral eye condition, finding no evidence of an in-service injury or disease related to his current condition. The claim was also not well-grounded as there is no medical evidence showing a current disability related to service.

The Board denied initial compensable evaluations for a laceration of the right forearm and left varicocele, finding that there was no evidence to support higher ratings based on functional impairment or symptoms.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility on May 22, 2002. The treatment was not authorized in advance and did not meet the criteria for reimbursement under VA regulations.

The Board found no current left knee disorder and denied the veteran's claim for service connection for a left knee disability, including degenerative joint disease.