Other conditions Board decisions

The Board has determined that the veteran's service-connected residuals of a fractured jaw do not warrant a compensable rating, as his disability does not meet the criteria for any higher evaluation under applicable diagnostic codes.

The veteran's appeal of the issues of entitlement to service connection for a head and neck injury, and diverticulitis has been dismissed without prejudice.

The Board found that the veteran's prostate and skin disorders are presumed to be related to his service in Vietnam, where he was exposed to Agent Orange. However, there is no evidence of a chronic condition during service or during an applicable presumptive period, so the claims for these conditions were denied.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $793.50, finding that recovery would not be against equity and good conscience.

The Board found that the veteran was solely at fault for the creation of the overpayment and denied his request for waiver. The decision concluded that recovery would not be against equity and good conscience.

The Board denied the appellant's claims for an initial compensable rating for a uterine fibroid tumor from April 1 to December 16, 1998 and for an initial rating in excess of 30 percent for post-hysterectomy residuals on and after April 1, 1999. The Board also denied service connection for endometriosis and the removal of both ovaries due to multiple follicular cysts.

The veteran has agreed to the current disability rating of 60 percent for his service-connected Crohn's disease, and thus the appeal is dismissed.

The Board denied the veteran's request for waiver of an overpayment of VA compensation in the amount of $6,899.53 due to his failure to notify VA of his divorce from his wife until September 1997.

The Board has granted a 40 percent evaluation for post gastrectomy syndrome, the highest available rating under Diagnostic Code 7308.

The Board found that the veteran's skin disability was not incurred in or aggravated during service and did not meet any of the presumptive conditions for service connection due to exposure to herbicide agents. As a result, the claim was denied.

The case is being remanded due to scheduling issues and the need for additional notification under the Veterans Claims Assistance Act of 2000. The appellant's request for a personal hearing before a Travel Board has been noted, but no hearing date has been scheduled yet.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for the cause of the veteran's death, but denied the claim as there was no evidence showing a relationship between the veteran's active service and his death.

The Board has determined that the veteran's residuals of a gunshot wound to the left hip involving muscle group XVII warrant a 60 percent evaluation, which is the maximum available under current VA rating criteria.

The Board found that the veteran's psychiatric disability, primarily diagnosed as schizoaffective disorder, was not incurred in or aggravated by service and denied his claim.

The Board denied the claims for increased ratings for non-Hodgkin's disease lymphoma, status post lymphoma resection scars on the mid-back and left flank, and anemia (as a residual of non-Hodgkin's disease lymphoma).

The veteran is living and has not been captured or missing while on active duty. The appellant's father does not currently have a service-connected disability that results in a total and permanent nature, nor does he have a total disability permanent in nature resulting from a service-connected disability. Therefore, the required conditions for eligibility for dependent's educational assistance under Chapter 35, Title 38, United States Code are not met.

The Board found that the overpayment of VA compensation in the amount of $2,724.00 was properly created and denied the veteran's request for forgiveness of this debt.

The Board has determined that the veteran's gynecological disorder preexisting service was not aggravated by active duty, and thus denied her claim for service connection.

The Board has determined that there is no competent medical evidence linking the veteran's current right foot, hip, or knee conditions to his period of active service. The claims for residuals of a fracture and DJD of the right leg, right hip, and right knee have been denied.

The June 1971 rating decision was found to have clear and unmistakable error, as the initial injury included an open comminuted fracture of the humerus with damage to both the deltoid and biceps muscles. The correct rating is now a 40 percent for residuals of the gunshot wound.