Other conditions Board decisions

The VA has granted a higher rating of 30 percent for the veteran's residuals of a fracture of the right talus with traumatic arthritis, effective from November 9, 2000.

The veteran's failure to report changes in his dependency status resulted in an overpayment, and the Board denied his waiver request due to bad faith.

The Board denied the appellant's application to reopen her claim of being recognized as the veteran's surviving spouse for VA benefits, finding that new and material evidence was not presented.

The Board has determined that the veteran's overpayment of improved pension benefits should be waived due to undue financial hardship caused by his disability and lack of work, resulting in a decision granting waiver.

The Board found that the veteran's failure to report income from part-time work he did in 1997, 1998, and 1999 caused an overpayment of VA improved pension benefits. The debt was waived because repayment would not result in unfair gain to the veteran or cause undue financial hardship.

The veteran's claims for service connection and evaluations for various conditions were denied. The Board found that the left hip condition was proximately due to his service-connected left heel disability, while back and foot issues did not meet the criteria for service connection. Sinusitis evaluations were also denied.

The Board found that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The appellant's appeal is denied as he is not a veteran and thus does not meet the eligibility criteria for a VA fee-basis outpatient medical treatment card.

The appellant's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is denied as he does not meet the legal criteria to be considered a veteran and therefore, cannot qualify for this benefit.

The VA determined that the appellant's service-connected bilateral defective hearing does not warrant a rating higher than the currently assigned 10 percent since it did not meet the criteria for a higher evaluation under either the old or amended version of the VA Rating Schedule for Hearing Loss.

The Board determined that there was new and material evidence to reopen the case, and remanded for further development. After completion of the development, the Board found that the veteran's current low back disorder did not have its onset in service or due to a service-connected disability.

The Board denied the veteran's claim for payment or reimbursement of private medical expenses incurred at Columbia Colleton Medical Center on October 13, 1999 due to lack of evidence of a service-connected disability or participation in an approved rehabilitation program.

The Board has determined that the appellant's discharge was due to willful and persistent misconduct, without evidence of insanity. Therefore, his character of discharge is a bar to VA compensation benefits and health care under Chapter 17.

The Board found that the veteran did not incur additional permanent disability, including a left leg disorder, as a result of surgery at a VA facility. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board has determined that a 10 percent disability evaluation is warranted for the veteran's service-connected left leg nerve disability, as it primarily manifests by neuropathic pain and decreased sensation in the peroneal distribution.

The Board has granted service connection for residuals of injuries to the right elbow and hand, finding that it is at least as likely as not that these conditions began during active service. The claim for service connection for a back injury was denied.,Service connection was granted for the right hand condition based on evidence showing an in-service fracture, but the Board found no link between current back pain and active service.

The Board denied the veteran's claim for an increased evaluation for his service-connected chronic prostatitis and chronic urethritis, status post transurethral resection of prostate. The effective date was not established due to insufficient evidence.

The Board denied the veteran's claims for evaluations greater than 20 percent for Dupuytren's contracture of both hands, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has denied the veteran's claim for service connection for arthritis secondary to his service-connected syphilis, finding that there is no evidence of a causal relationship between the two.

The Board denied the veteran's claim for service connection as his squamous cell carcinoma of the left tonsil is not shown to be related to exposure to herbicides during service, and thus cannot be presumed. The Board also found no direct evidence linking the cancer to service.