Other conditions decisions — 2002

The Board found no evidence to support the appellant's claims for service connection for bilateral defective vision and headaches. The appellant had pre-existing conditions that existed prior to his entry into military service, and there was no clear and unmistakable evidence of aggravation during service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a right arm disorder. The appellant's history of a fractured right elbow 41 years prior with diagnosis of traumatic arthritis is considered, suggesting a link between the current arthritic condition and the reported injury during service.

The Board denied the appellant's claim of entitlement to basic eligibility for VA benefits, finding that new and material evidence had not been presented. The decision was based on a denial in March 1951 due to lack of qualifying military service.

The Board has granted the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $2,823. The decision concludes that there is no indication of fraud or bad faith on the part of the appellant and that recovery would be against equity and good conscience.

The Board has determined that the appellant's discharge was under dishonorable conditions, and thus her claims for home loan guaranty benefits and Dependents' Educational Assistance benefits have been denied.

The Board found that the veteran did not have current chronic otitis media, a left elbow disability, or defective hearing for VA benefits purposes and denied his claims.

The veteran's gouty arthritis is rated at 60 percent disabling, which is higher than the initial 40 percent rating. The decision grants a higher disability evaluation based on the severity of his symptoms.

The Board of Veterans' Appeals has determined that the veteran's service-connected left femur fracture residuals do not warrant a higher disability rating, as they are currently rated at 10 percent.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a skin disorder secondary to herbicide agent exposure.

The Board found that the veteran's current back and neck disorder is not causally or etiologically related to his active service.

The veteran's hyperhidrosis and dyshidrosis of the hands were incurred during his period of active service.

The veteran's request for waiver of an overpayment of VA improved disability pension benefits was denied because it was not filed within the required 180-day period following notification of the debt.

The Board has remanded the case to the RO for further action, including scheduling a hearing and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The VA denied the veteran's claim for a higher rating for his gouty arthritis of the knees and ankles, assigning him a 40 percent initial disability rating. The condition does not meet the criteria for a higher rating.

The Board denied a claim for an increased disability evaluation for Bell's Palsy, finding that the evidence did not support a rating in excess of 20 percent. The veteran was rated at 20 percent since November 29, 1971.