Other conditions decisions — 2002

The veteran's failure to timely notify VA of his receipt of Social Security income in 2000, while receiving VA pension benefits, constitutes a willful failure to disclose a material fact. This resulted in an overpayment and the denial of his waiver request.

The Board found that no new and material evidence had been presented or secured since the December 1993 RO decision, thus denying the veteran's request to reopen his claim for service connection for a disability of the left lower extremity.

The Board found no competent medical evidence linking the veteran's current throat disability to his service-connected chronic sinusitis, and thus denied the claim for secondary service connection.

The Board has denied the veteran's claim of reopening his skin condition due to Agent Orange exposure, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's post-traumatic stress disorder warrants an initial rating of 30 percent, reflecting moderate impairment in social and occupational functioning.

The Board found that the veteran does not have a current left hand disability and therefore denied his claim for service connection.

The Board denied the veteran's claim for an increased rating for his service-connected right thumb disability, finding that the current 20 percent rating adequately reflects the severity of his condition.

The veteran's service connection claim for pneumonitis is granted as his current condition is related to his period of active duty.

The Board found that the veteran's left leg disability was not incurred or aggravated by service, and denied his claim.

The Board dismissed the appeal because the appellant withdrew their appeal before a decision was made.

The veteran's disability, residuals of a septoplasty, is currently evaluated as 10 percent disabling since the effective date of service connection. The evaluation is based on findings from the July 2002 VA examination indicating an obstruction of at least 85 percent in each nostril and pansinus disease.

The Board denied the veteran's claim for an increased rating for otitis media, finding that there is no current evidence of active infection or other symptoms warranting a compensable rating. The RO has already established service connection and assigned ratings for bilateral hearing loss and tinnitus.

The Board found that the appellant was not at fault in creating the overpayment and that VA had considerable fault. The decision grants waiver of recovery of the $1,683 death pension overpayment.

The Board has determined that the veteran's claimed bilateral foot and leg disorders are not related to his military service, and thus denied both claims.

The Board denied service connection for a skin disorder claimed as due to exposure to Agent Orange, finding no evidence of such a condition and noting the veteran's presumed exposure to herbicide agents in Vietnam. The claim for reopening the chloracne claim was also denied.