Other conditions Board decisions

The Board found no evidence linking the veteran's current arthritis to his military service and denied his claim.

The Board found that the cause of death was due to esophageal carcinoma and Barrett's esophagus, which resulted from reflux disease. The veteran did not have these conditions during service or within one year after discharge. There is no evidence linking his exposure to Agent Orange to his condition.

The Board has determined that the overpayment of non-service-connected pension benefits in the amount of $17,809.00 was created due to changes in the veteran's family income and is against equity and good conscience, warranting a waiver.

The Board found that the veteran's preexisting left leg fracture did not undergo a chronic increase in severity beyond normal progression during service, and thus denied his claim for service connection.

The Board denied an increased evaluation for varicose veins of the right leg, finding that a rating in excess of 20 percent is not warranted under either the old or new versions of Diagnostic Code 7120.

The Board has determined that the veteran's residuals of a fracture of the left tibia and fibula do not meet the criteria for a compensable evaluation, as they are currently asymptomatic and stable.

The Board has granted a 40 percent evaluation for the veteran's residuals of fracture of the right thumb, which is the maximum available under VA regulations.

The veteran's recurrent urinary tract infections are service-connected as secondary to her service-connected bladder disability. Vaginitis is not service-connected.

The Board has denied the veteran's claims for service connection for a thoracic spine disability and residuals of a fracture of the right index finger, finding no current disabilities in either case.

The case is being remanded to the RO for further actions including scheduling a hearing, obtaining verification of the veteran's service dates, and ensuring that the appellant's correct mailing address has been obtained.

The Board found that the veteran's dysthymic disorder was not incurred in or aggravated by active service and denied his claim.

The case is being remanded to the VAMC for additional development, including obtaining missing medical records and determining whether authorization was obtained for the private eye care expenses incurred from February 23, 1999, to May 28, 1999.

The Board denied the veteran's claim for service connection for a skin disability, finding no evidence linking his current condition to his active duty or exposure to Agent Orange.

The VA determined that the veteran's odynophagia, manifested by occasional regurgitation and reflux without significant weight loss or other severe impairment of health, warrants a 30 percent evaluation.

The Board found that the September 1956 decision to sever service connection for pes cavus was not based on clear and unmistakable error, and denied reopening of the claim due to lack of new and material evidence.

The veteran's damage to Muscle Group XII, left lower extremity is currently rated at 30 percent due to severe impairment of the muscle group. Additionally, there are tender and painful scars on the left calf warranting an additional 10 percent rating.

The Board denied an increased evaluation for the veteran's T12 compression fracture with fusion T11-L1, currently rated at 20 percent. The evidence did not meet criteria for a higher rating under Diagnostic Codes 5292 and 5295.

The veteran's spouse is requesting a hearing at the RO to appeal for an earlier effective date for Dependency and Indemnity Compensation. The case has been remanded due to this request.

The Board found that the veteran's receipt of additional income from Prudential and Teamsters in 1999 and 2000 resulted in an overpayment of $1,891 for his nonservice-connected disability pension benefits. The appeal is denied.

The veteran's overpayment of VA disability pension benefits was waived due to his failure to report his divorce in a timely manner, despite being aware of the change in marital status and pending divorce.