Other conditions Board decisions

The Board has granted an increased rating of 10 percent for the veteran's service-connected lipoma of the right chest wall, effective from November 2, 2002. The veteran previously appealed a July 1967 RO decision denying a compensable rating and was notified but did not appeal.

The veteran's PTSD is rated at 70 percent, effective from December 31, 1992. Service connection for hypertension as secondary to PTSD is granted.

The Board denied service connection for the cause of death and eligibility for Dependents' Educational Assistance due to lack of evidence linking the veteran's brain condition to his military service.

The veteran's claim for outpatient dental treatment has been remanded due to insufficient evidence and the need for further examination.

The veteran is seeking an earlier effective date for the grant of a total rating based on individual unemployability due to service-connected disabilities, including whether the March 1997 decision was clearly and unmistakably erroneous.

The Board found that the appellant's application for burial benefits did not constitute an informal claim for DIC, and thus could not be used to establish an earlier effective date for DIC. The decision denied the request for an earlier effective date.

The Board found that the veteran's service-connected PTSD did not cause his death from squamous cell carcinoma of the head and neck. The Board concluded that there was no independent medical expert opinion needed to resolve this case.

The veteran's low back disability, manifested by slight limitation of motion with pain and tenderness, does not result in severe impairment. Therefore, a rating in excess of 20 percent for residuals of sacroiliac strain is denied.

The Board denied the veteran's claim for service connection for dizziness, diagnosed as labyrinthine hydrops of the left ear, as secondary to a service-connected ear disability due to lack of evidence linking his current condition to service or any service-connected disabilities.

The Board found that the veteran's waiver request was timely received and that it would not be against equity and good conscience for VA to require repayment of the overpayment at issue. The Board concluded that the veteran had not demonstrated fraud, willful misrepresentation, or bad faith in the creation of the debt.

The Board has determined that the appellant's failure to report her SSA income contributed to the creation of an overpayment. The Committee on Waivers and Compromises (Committee) found no indication of fraud, misrepresentation or bad faith on the part of the appellant. After considering all factors, including fault, undue hardship, and changing position, the Board concluded that recovery would be against the principles of equity and good conscience.

The veteran's claim for VA outpatient dental treatment was denied as he did not have a service-connected condition resulting from in-service trauma, and the evidence does not support his contention that his tooth extractions constituted 'service trauma'.

The Board has determined that the veteran's service-connected panhypopituitarism, residual of hypophyseal cyst excision is properly rated at a 20 percent rating under Diagnostic Code 7909 (diabetes insipidus), and does not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's request for waiver of overpayment of VA pension benefits, finding that it was not timely filed due to his alleged incompetence at the time he received notice of the debt. The Board noted that there was no evidence showing the veteran was incompetent during the 180-day period following receipt of the notice.

The Board has determined that the veteran's cancer of the tongue is not etiologically related to exposure to ionizing radiation during service, and thus denied his claim for service connection.

The Board denied service connection for right testicular seminoma and its postoperative residuals. The evaluation for degenerative disc disease of the thoracolumbar spine was granted with a 40% rating effective October 18, 1996.

The veteran's claim for reimbursement of medical expenses incurred at a non-VA facility is denied as he did not have a service-connected disability or participate in a rehabilitation program under 38 U.S.C. ch. 31.

The veteran died of an opiate overdose due to his own willful misconduct, and service connection for the cause of death is denied.

The veteran's unauthorized medical care from August 2 to 4, 1994 was not authorized for reimbursement as it did not meet the criteria for payment or reimbursement under VA regulations.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that there was no evidence to support a finding of fault on the part of VA in causing his bowel condition with diarrhea.