Other conditions Board decisions

The veteran's disability, residuals of a laceration of the left cubital sphere with median nerve and muscle damage, is currently evaluated at the maximum schedular rating available under the appropriate diagnostic code. The criteria for entitlement to TDIU have been met.

The Board has denied the veteran's claim for service connection for Hodgkin's Disease, finding that it was not incurred during active duty or inactive duty training.

The Board granted an increased evaluation of 10 percent for left trochanteric bursitis, finding that the veteran's pain during flare-ups significantly limited his range of motion.

The Board has remanded the case for further development due to a significant change in the law and issues related to verifying military service. The appeal is considered 'mixed' as it involves reopening of a claim, which could result in either granting or denying the basic eligibility for VA benefits.

The veteran's claim for service connection for a torn ligament on the right side of his groin was denied by the RO, and he appealed. The case is being remanded to obtain additional medical records and to provide the veteran with an examination to determine if his current condition had its onset during his period of active duty.

The veteran's service-connected postoperative residuals of a pterygium of the left eye are manifested by some scarring that does not interfere with vision, and no current pterygium is present. The veteran has other visual problems with both eyes which are not related to his service-connected condition.

The Board has determined that the veteran's status post septoplasty with mucociliary dysfunction and impairment of nasal air flow warrants a 30 percent evaluation, reflecting more than six episodes of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board has determined that the veteran's death was caused by metastatic adenocarcinoma of the esophagus, which is service-connected. The appellant is therefore granted service connection for the cause of the veteran's death and established as eligible for Dependents' Educational Assistance under Chapter 35.

The Board found that the appellant's hearing impairment of the right ear was not incurred or aggravated by active service and denied his claim.

The Board found that the overpayment was properly created and that the appellant had bad faith in creating it. Therefore, waiver of recovery is denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension benefits, finding that his conduct was in bad faith due to his failure to notify VA of his felony conviction and sentencing. The decision is based on the appellant's lack of notification despite being advised multiple times.

The Board has denied the veteran's claims for increased evaluations for her hallux valgus in both feet, finding that the current ratings of 10% are appropriate given the severity and nature of her disability.

The veteran's claim for an earlier effective date for the payment of benefits by reason of dependent spouse and stepson is denied. The proper effective date would be determined according to the provisions of 38 C.F.R. § 3.401(b).

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for right eye chorioretinitis, and the June 1964 rating action denying entitlement to service connection for conjunctivitis and right eye macular degeneration is not final.

The Board has determined that the reduction in rating from 100% to 60% for residuals of adenocarcinoma of the prostate secondary to herbicide exposure with a history of prostatitis and bladder diverticulum is proper.

The Board has determined that the veteran's failure to report income resulted in overpayments of his disability pension benefits. The Board found that recovery would not be against equity and good conscience, as it would result in undue hardship for the veteran and his wife due to their significant medical expenses and limited financial resources.

The Board has determined that recovery of the loan guaranty indebtedness would not violate the principles of equity and good conscience, and thus granted a partial waiver for half of the decrease in property value.

The veteran's death was due to cardiac sudden death, which is not service-connected. The service-connected nummular eczema and stasis dermatitis did not contribute to the cause of death.

The Board has determined that the veteran's low back disability, currently rated at 40 percent disabling, does not warrant a higher rating as his symptoms do not meet the criteria for a higher evaluation under Diagnostic Code 5293 (pronounced intervertebral disc syndrome) or Diagnostic Code 5295 (severe lumbosacral strain).

The Board denied the veteran's claim for a waiver of overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience.