Other conditions decisions — 2001

The veteran's Merkel cell carcinoma was not present during his service and is not presumed to have been caused by herbicide exposure. The claim for service connection is denied.

The Board denied the veteran's claims for benefits under 38 U.S.C.A. § 1151 and an increased evaluation for his left eyebrow scar, finding that there was no loss of visual acuity and that the current disability rating is appropriate.

The Board found that the appellant's deceased spouse did not have verified Philippine service for purposes of establishing eligibility for VA benefits, and thus denied her claim.

The appellant is ineligible for accrued benefits due to her failure to file a claim within one year of the veteran's death. The case will be remanded for further action under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for waiver of recovery of an overpayment of vocational rehabilitation benefits in the remaining original amount of $977.75, finding that collection would not result in undue financial hardship and thus was against equity and good conscience.

The veteran's service was not considered sufficient for the appellant to be eligible for VA death pension benefits.

The veteran's PTSD has resulted in a 100 percent disability rating effective October 5, 2005.

The Board has remanded the case for further development and consideration of both old and new regulatory criteria regarding commencement dates for educational assistance benefits. The veteran's active military duty dates have not been verified, and VA compliance survey records are missing.

The veteran's heart disability, associated with myocarditis, arrhythmia, and cardiomegalia, is currently rated at 60 percent disabling. The Board found that the current rating adequately reflects his condition based on the existing criteria.

The veteran's left ear hearing impairment is manifested by level VIII hearing loss, and the current rating of noncompensable does not warrant an increased evaluation.

The appellant's spouse did not have verified service in the Philippine Commonwealth Army, including recognized guerrilla service. Therefore, basic eligibility for VA benefits is denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for dental disability. The pre-existing dental disability was aggravated by active duty, warranting service connection.

The Board has determined that the appellant's varicose veins in the left leg do not meet or approximate the criteria for a higher evaluation, as there is no evidence of persistent edema, subcutaneous induration, stasis pigmentation, eczema, ulceration, or massive board-like edema with constant pain at rest. The current 40 percent rating remains appropriate.

The Board found no clear and unmistakable error in the July 1994 rating decision that denied service connection for the cause of the veteran's death, as the evidence at the time supported the conclusion that the cancer originated in the liver.

The Board denied the veteran's claim for service connection for residuals of a bayonet wound, left leg for accrued benefits purposes due to lack of evidence showing current disability.

The Board found no evidence of a chronic disability productive of right hand numbness related to service, and thus denied the claim.

The Board denied the veteran's request for a waiver of an overpayment of vocational rehabilitation subsistence benefits, finding that recovery would not be against equity and good conscience.

The Board has reopened the veteran's claim for service connection for porphyria cutanea tarda due to new and material evidence submitted since the November 1997 decision. The case is now remanded for further review.

The Board has determined that additional development is needed to determine if the veteran's death was related to his military service.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence, despite some documents appearing credible at first glance.