Other conditions Board decisions

The Board has granted a waiver for the overpayment of $658.00 in disability benefits, finding that recovery would be against equity and good conscience.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has determined that the Veteran is entitled to a waiver of overpayment of disability compensation due to his status as a fugitive felon, and recovery would be against equity and good conscience.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased spouse did not have qualifying service in the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces.

The Board denied the Veteran's claim for an initial rating higher than 50 percent for bilateral claw feet with tarsal tunnel syndrome on an extraschedular basis, finding that the schedular criteria adequately described his disability. The issue of service connection for a cervical spine disorder was also addressed and found to be denied.

The Veteran's appeal is being remanded due to the retirement of her hearing VLJ and the need for a new hearing before a current VLJ.

The Board denied the Veteran's claims for compensable disability ratings for residuals of a right mandible fracture and left mandibular condyle, finding no evidence of loss of masticatory function or range of motion.

The Board has remanded the case for further development, including scheduling a VA examination to determine if the Veteran's service-connected disabilities preclude him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's claim for a higher rating for her epidural fibrosis, status post hemilaminectomy, foraminotomy, and partial pediculectomy at L5 was granted, with the effective date set from August 25, 1993 to May 19, 2000.

The Board finds that there is no evidence of a chronic disability of the fingers or any other specific right arm condition distinct from those already service-connected (right shoulder, elbow, and wrist). The Veteran's symptoms are related to his established service-connected disabilities.

The Board found no evidence linking the Veteran's squamous cell carcinoma of the tongue to his service or exposure to herbicides, and thus denied the claim.

The Veteran's service-connected residuals of a fracture of the right condyle of the mandible have been rated as noncompensably disabling. The Board finds that these symptoms are no more than 'slight' in nature and do not meet the criteria for a compensable rating.

The Board finds that the Veteran's disability of both hands, manifested by pain, stiffness, and cold sensitivity, is related to his exposure to cold weather in service. The claim for peripheral neuropathy and peripheral vascular disease of upper and lower extremities is also granted as these conditions are found to be causally related to his exposure to cold weather.

The Board has reopened the Veteran's claim for service connection for stomach trouble and, based on new evidence submitted since the last denial, finds that his stomach disorder is more likely than not related to his military service. The claim is therefore granted.

Both right and left foot hallux valgus with degenerative changes are currently rated at 10 percent, which is the maximum schedular rating authorized under Diagnostic Code 5280.

The Veteran's claim for an increased rating for residuals of a fracture of the right foot was denied, and his TDIU claim was dismissed due to withdrawal.

The Board has remanded the case due to a lack of verification of the appellant's claimed service in the Philippine Commonwealth Army, including in the recognized guerrillas. The claim will be readjudicated after obtaining the necessary information from the National Personnel Records Center.

The Board denied the Veteran's claims of service connection for a skin condition and respiratory disability, finding no evidence to support these claims based on current medical findings and examination results.

The Board found that the Veteran's death was not due to a service-connected disability, including his PTSD. The primary cause of death listed on his certificate of death was atherosclerotic cardiovascular disease.

The Veteran's cerebellar infarct is not considered to be caused by VA medical care, and the Board finds that no additional disability was proximately caused or aggravated by any error in judgment, negligence, or similar instance of fault on the part of VA.