Other conditions Board decisions

The Board denied service connection for muscle spasm and weakness, memory disorder, and immune system disorder on the basis of an undiagnosed illness. The veteran was not shown to have current conditions that could be attributed to such illnesses.

The veteran withdrew his appeal before the Board could make a decision, thus the case is dismissed.

The Board has remanded the case for further development and examination.

The Board denied the veteran's request for a waiver of recovery of an overpayment of $2,700 in his VA pension benefits due to his concurrent receipt of Social Security Administration (SSA) disability benefits. The decision found that the veteran was at fault for not reporting his SSA income and that requiring repayment would not result in financial hardship or defeat the purpose of VA pension benefits.

The Board has determined that a 40 percent rating is warranted for the veteran's left knee disability prior to July 31, 2001. For the period from December 1, 2001, the veteran's disability does not warrant an increased rating beyond the assigned 40 percent.

The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is being remanded to the VA's Director of Compensation and Pension Service.

The Board denied service connection for residuals of spinal injuries and declined to reopen the claim for entitlement to service connection for a back condition. The issue of increased rating for arthritis of the right shoulder remains in appellate status.

The veteran is granted special monthly compensation for loss of use of a creative organ due to her service-connected rectal sphincter dysfunction and other disabilities, which resulted in the loss of sensation during sexual intercourse.

The Board has remanded the case for further development, including obtaining VA and private medical records and scheduling a VA examination to determine if the veteran's cataracts may have had their onset in service.

The Board has found new and material evidence sufficient to reopen the claim of service connection for a right elbow disorder. The veteran's pre-existing right elbow disorder is presumed to have been aggravated by active service.

The Board found that the veteran does not have current residuals of frozen feet and denied his claim for service connection.

The Board has determined that the evidence received since the March 1948 rating decision is not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for a left inguinal herniorrhaphy.

The Board found that the overpayment of compensation benefits was properly created due to a change in the veteran's marital status. The decision also granted partial waiver of recovery, allowing for $10,010 out of the total overpayment amount.

The veteran's appeal for a compensable rating for defective hearing has been dismissed as he withdrew his appeal on June 30, 2008.

The Board has remanded the veteran's claim for a new examination and additional treatment records to determine if an increased disability evaluation is warranted for his cancer of the larynx.

The Board denied the appellant's claims for service connection for cause of the veteran's death, entitlement to DIC under 38 U.S.C.A. § 1318, and non-service connected death pension benefits due to lack of evidence linking any eye disorders to service.

The Board denied the reopening of a previously-denied claim for bilateral posterior subcapsular cataracts and also denied an initial claim for macular degeneration. The evidence submitted did not establish a new or material basis to reopen the claims.

The overpayment of compensation benefits for the period of July 2001 to January 2002 was created due to a combination of VA's failure to promptly implement the change in marital status and the veteran's failure to monitor his payments closely enough. The debt is considered valid, but both parties share fault.

The Board denied the veteran's claim to reopen his service connection for a left leg disorder due to lack of new and material evidence.

The veteran's hidradentis supprimativa, claimed as boils secondary to herbicide exposure, is rated at a 10 percent disability level.