Other conditions Board decisions

The Board found that the appellant's discharge from military service was under other than honorable conditions due to a prolonged absence without leave (AWOL) for 158 days. The Board concluded that there were no compelling circumstances warranting such an extended period of AWOL, and thus his character of discharge serves as a bar to VA benefits.

The Board has determined that the veteran's claims for increased ratings for his left thumb and skin disorders are not well-grounded, as there is no evidence of worsening conditions or new symptoms warranting higher disability ratings. The current 10 percent disability ratings assigned for these conditions adequately compensate the veteran.

The Board denied the appellant's request for payment or reimbursement of medical expenses from unauthorized treatment at Columbia West Florida Regional Medical Center due to lack of evidence showing a 'medical emergency' and that VA facilities were feasibly available.

The Board denied the veteran's claims for service connection for residuals of an eye injury and a compensable rating for conjunctivitis, finding no competent medical evidence linking current disabilities to service.

The Board denied the veteran's claims for earlier effective dates prior to November 2, 1994 for service connection for fatigue and chemical sensitivity due to undiagnosed illness. The effective date of the liberalizing law was November 2, 1994.

The Board found that the veteran's skin condition is not a disease for which service connection can be granted based on Agent Orange exposure. The claim was also denied as there is no evidence linking his current skin condition to his period of service.

The Board found that the veteran's claim of entitlement to service connection for a skin disorder as secondary to Agent Orange exposure is not well grounded due to lack of evidence supporting a current diagnosis and no medical opinion linking the condition to military service.

The veteran's claims for service connection for lymph node disorder and skin disorder, as well as his request for an increased rating for left shoulder dislocation, were denied. The July 1973 rating action awarding a 10% evaluation for the left shoulder disorder was found to be clearly and unmistakably erroneous.

The VA denied the veteran's claims for increased evaluations for his service-connected shin splints, right leg; stress fracture of the left mid-forefoot; and defective hearing in the left ear. The evidence did not support a compensable evaluation for any of these conditions.

The veteran was hospitalized for respiratory issues and other conditions. The VA doctor found that the hospitalization was not authorized, and a transfer to a nearby VA facility would have been feasible at the time of admission. Therefore, the claim is denied as the preponderance of evidence does not support reimbursement or payment for medical expenses.

The veteran's unauthorized medical expenses incurred for Hodgkin's disease were denied as the care was not rendered in a medical emergency and VA facilities were feasibly available.

The Board has granted a waiver of recovery for an overpayment of compensation in the amount of $1,624. The veteran's fault in creating the overpayment is acknowledged, but it was also determined that recovery would cause significant financial hardship and defeat the purpose for which benefits are paid.

The veteran's bilateral lower extremity disability was rated at 30 percent from June 1, 1990 to January 11, 1998.,From January 12, 1998, the veteran's left leg lymphedema is rated at 20 percent and her right leg lymphedema is also rated at 20 percent.

The Board of Veterans' Appeals has determined that the appellant is entitled to the proceeds from the veteran's NSLI policy, as evidenced by the December 1990 beneficiary designation signed by the veteran and witnessed.

The Board has denied both claims for increased evaluations of the veteran's patellofemoral pain syndrome of the left and right knees, finding that the evidence does not warrant a rating in excess of 10 percent.

The Board found that the overpayment of $29,002.40 from February 1, 1989 to April 30, 1992 was solely due to the veteran's fault and not against equity and good conscience. However, the overpayment from May 1, 1992 to August 31, 1993 was primarily due to VA fault and would be against equity and good conscience.

The veteran's claim for an increased rating of his service-connected right fifth toe fracture is being remanded due to the need to obtain additional medical records and conduct further examination.

The Board has determined that recovery of the overpayment of VA Section 306 pension benefits in the amount of $5,125 is warranted due to financial hardship and against equity and good conscience.

The Board has granted a 20 percent rating for each of the veteran's service-connected shin splints, finding that they meet the criteria for moderate knee or ankle disability under Diagnostic Code 5262.

The veteran's claim of service connection for arthritis of the spine is granted, and he is assigned a 40 percent evaluation for his varicose veins of the right leg.