Other conditions Board decisions

The Board found that the pension overpayment indebtedness of $93,221.84 was validly established due to incomplete information regarding the appellant's family income. The Board also determined that a waiver of recovery of this overpayment is not warranted because there was willful failure on the appellant's part to disclose a material fact with intent to obtain or retain eligibility for additional pension benefits.

The Board has granted a temporary 100% rating for the period from August 8, 1998 to November 8, 1998 due to convalescence following the total hysterectomy. The claim for restoration of the original 50% rating is denied.

The Board denied an increased rating for the veteran's service-connected residuals of a bullet wound to the left leg, finding that the current 30 percent evaluation adequately reflects his disability.

The Board found that the veteran's current left leg condition did not have its onset in service and is not related to his active duty. The preexisting osteomyelitis was unlikely aggravated by a contusion during service, and there is no evidence of any current disability.

The Board denied the veteran's claim for waiver of recovery of an overpayment of disability compensation benefits in the amount of $2,862.00 due to her fault in not reporting her divorce and remarriage timely.

The veteran's TMJ syndrome with myofascial pain syndrome was rated at 20 percent from October 2, 1995 to January 6, 2004 and increased to 30 percent effective July 7, 2004.,After July 7, 2004, the veteran's TMJ syndrome with myofascial pain syndrome was rated at 30 percent.

The Board has determined that the veteran's service-connected Osgood-Schlatter Disease of the left knee does not warrant a rating in excess of 10 percent.

The Board has denied the veteran's claim for higher initial ratings for his service-connected genitourinary disability, finding that a noncompensable rating is warranted prior to January 22, 2003, and a 30 percent rating is warranted from that date.

The Board has determined that the veteran's right shoulder disability, diagnosed as adhesive capsulitis, was caused by complications from VA surgical treatment in May 2001 and not due to negligence or fault on the part of VA. As such, compensation under 38 U.S.C.A. § 1151 is granted.

The Board denied the veteran's claim for an effective date prior to January 31, 2001 for a grant of special monthly compensation based on residuals of removal of left testicle.

The Board has remanded the case for further development, including obtaining VA medical records and attempting to locate missing service medical records. The appellant is also scheduled for a VA orthopedic examination to determine if his current hip disorders are related to his military service.

The Board has determined that the veteran's varicose veins do not warrant a rating higher than 40 percent for either lower extremity, as there is no evidence of persistent ulceration or massive board-like edema.

The veteran's claim for an earlier effective date for the grant of service connection for pulmonary embolism was denied by the Board. The decision found that no evidence had been submitted to reopen the previously denied claims, and thus there was no basis for assigning an earlier effective date.

The Board found that the veteran's sinus problems did not develop during service and are not related to his military service, thus denying his claim for service connection.

The Board has determined that the veteran's service-connected injuries to Muscle Groups XIII and XIV warrant a 10 percent disability rating each, as their manifestations do not meet or approximate criteria for higher ratings.

The Board has determined that the veteran's current back strain with osteopenia and spondylosis is not due to any event or injury during his military service, nor can it be presumed to have been incurred therein. Therefore, service connection for the claimed disability is denied.

The veteran's claims for increased evaluations of his postoperative residuals of a lateral meniscectomy and chondromalacia in both knees were denied as the conditions do not present an exceptional or unusual disability picture.

The Board denied the claim of service connection for the cause of the veteran's death due to the prohibition on compensation benefits for disability resulting from abuse of alcohol or drugs, effective October 31, 1990.

The Board has remanded the veteran's claims for an increased rating for left nephrectomy and to reopen his claim for service connection for residuals of back strain due to new evidence submitted since the last final denial.

The veteran's appeal is being remanded for additional development, including a VA examination and proper VCAA notice.