Other conditions Board decisions

The Board of Veterans' Appeals has determined that the veteran's currently existing bilateral eye conditions, including reduced vision without glasses and subjective complaints of burning and sensitivity to light, were not incurred in or aggravated by active military service. The preponderance of evidence is against the veteran's claim for entitlement to service connection for residuals of an injury to the eyes.

The Board determined that the veteran's current back pain is caused by lumbar spondylosis, which was not incurred in active service and may not be presumed to have been incurred during active service.

The Board has determined that the veteran's disability of the hips is not caused or aggravated by his service-connected postoperative residuals of pes planus and hammertoes, and thus secondary service connection for a hip condition cannot be granted. The claim for secondary service connection for knees was denied due to lack of appeal following the denial in 1987.

The Board has determined that the veteran's current bilateral defective hearing is related to noise exposure during service, and thus grants service connection for this condition.

The Board denied the veteran's claim for an evaluation in excess of 40 percent for his service-connected back disability, finding that the current rating adequately compensates him for severe pain with intermittent relief.

The veteran withdrew her appeal before a decision was made.

The Board has granted a 10 percent evaluation for partial right fifth and seventh cranial nerve palsies, effective June 29, 2001. The veteran's symptoms of muscle spasms and sweating were considered in determining the appropriate rating.

The Board has determined that the veteran's service-connected bilateral inferior ischiopubic rami fractures do not warrant a rating in excess of 10 percent, as there is no evidence of significant functional impairment or symptoms warranting such an increase.

The Board has determined that it is contrary to equity and good conscience to deny the appellant's waiver of recovery of loan guaranty indebtedness in the amount of $5,506.48 with accrued interest.

The veteran's service records show he was treated for a shrapnel wound to his left eye during active service. The current medical evidence indicates the presence of a mild old scar in the retina of his left eye, which is considered a disability incurred due to active service.

The VA denied the veteran's request for an increased rating for his Crohn's disease with duodenal ulcer, currently rated at 60 percent.

The Board found that the veteran was solely at fault in creating the overpayment of pension benefits due to his failure to report his SSA disability income. The decision denied recovery of the $7,490 overpayment as it would not deprive the veteran of life's basic necessities and waived recovery is against equity and good conscience.

The Board has determined that there was no CUE in the June 1985 rating decision denying service connection for a chronic nervous disorder. The effective date of March 12, 1992, for the grant of service connection for schizophrenia and assignment of a 100 percent disability rating is upheld.

The Board found that the veteran's current myasthenia gravis disability was not incurred during service and is otherwise unrelated to such service. As a result, the claim for service connection for myasthenia gravis was denied.

The Board has found that new and material evidence has been presented to reopen the veteran's claim for service connection for the residuals of malaria, but has denied the claim as there is no indication that the veteran currently suffers from any residuals of malaria.

The veteran's bronchiectasis is rated at 60 percent disabling, and he is granted a total disability rating based on individual unemployability due to his service-connected bronchiectasis.

The Board denied the appellant's claim for nonservice-connected death pension benefits, finding that new and material evidence had not been submitted to reopen her previously denied claim.

The Board found that the decision to terminate the stepson's share of the veteran's VA compensation benefits effective June 1, 1992 was correct.

The Board dismissed the appellant's appeal because her substantive appeal was not timely filed, despite an extension granted by the RO.

The Board has determined that the veteran's right wrist disorder, characterized by Grade II tendonopathy within the flexor carpi ulnaris, disruption of the radial collateral ligament, and intra-substance injury of the scapholunate ligament, warrants a compensable disability evaluation (10%) based on moderate damage to Muscle Group VIII without anklyosis or limitation of motion.