Other conditions Board decisions

The veteran's bilateral knee and leg conditions are rated at 10 percent each, with no more than the minimum compensable rating due to limitation of motion. The effective date is not specified.

The Board has granted a 10% evaluation for the service-connected residuals of nodule excision, right scrotum. The claim for service connection for post-operative residuals of left inguinal hernia is denied as not well grounded.

The Board found that the veteran's net worth did not constitute a bar to continued receipt of Section 306 disability pension benefits, and thus his Section 306 disability pension benefits were not properly terminated effective January 1990 due to excessive net worth.

The Board has determined that the appellant does not have PTSD and therefore service connection for this condition is denied. However, a diagnosis of Nightmare Disorder was established as being related to his military service. The claim for a back disability and skin rash are also denied.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining medical records.

The Board of Veterans' Appeals has denied the veteran's claims for service connection for residuals of a head injury and for an increased disability evaluation for his right jaw fracture. The veteran was not shown to have suffered from a head injury in service, and there is no medical evidence linking his current psychiatric disorder (paranoid schizophrenia) to his period of service.

The Board denied the veteran's request for a waiver to recover an overpayment of VA disability pension benefits, finding that the veteran was at fault in causing the debt due to his continued acceptance of the full amount of his pension benefits during his period of incarceration. The decision also noted that failure to repay the debt would result in unfair gain to the veteran.

The Board has granted the appellant's request for waiver of recovery of an overpayment of VA benefits in the amount of $1,528.00 due to fault on her part and undue hardship.

The May 1955 rating decision incorrectly assigned a 10 percent evaluation instead of the correct 30 percent for the veteran's service-connected loss of one-half of masticatory surface, residual of fractured mandible. The proper evaluation should have been 30 percent.

The veteran's death was caused by squamous cell carcinoma of the left lung, which is presumed to be due to his in-service exposure to Agent Orange. The veteran also had a permanent total service-connected disability that qualifies him for dependents' educational assistance under Chapter 35.

The case is being remanded for the RO to comply with a request for an audit statement and updated financial statement. If denied after this, the claim will be returned.

The Board denied the appellant's claim for improved death pension benefits as her income exceeded the maximum annual pension rate.

The Board denied an increased rating for the veteran's service-connected nervous disorder, which is currently rated at 70 percent. The issue of special monthly pension based on being housebound or in need of aid and attendance remains pending.

The veteran's claim for service connection for leg ulcers is not well-grounded due to lack of competent medical evidence linking the current condition to injuries incurred during active duty.

The veteran's claim for service connection for lymphoma as a result of exposure to ionizing radiation is being remanded due to the need for further development regarding his military service and potential radiation exposure.

The veteran's unauthorized private hospitalization for atypical chest pain was denied as he did not meet the criteria for payment or reimbursement under VA regulations.

The Board found no evidence of a nexus between the veteran's diagnosed right pulmonary lower lobe granuloma and service, thus denying his claim for service connection. The skin disorder was also denied as it preexisted military service.

The Board has determined that the appellant is entitled to a rating of 30 percent for bilateral varicose veins prior to January 12, 1998. The ratings for the left and right legs are both 20 percent as of January 12, 1998.

The Board has determined that a Travel Board hearing is necessary and the case is being remanded to schedule this hearing.

The medical, legal, and other expenses associated with the veteran's final illness are to be excluded from the appellant's countable income for purposes of determining her entitlement to payment of VA improved death pension benefits.