Other conditions decisions — 2002

The veteran's request for a waiver of his overpayment of VA pension benefits in the amount of $17,801 was denied because it was not filed within 180 days of notification.

The Board finds that the preponderance of the evidence does not support a finding that the veteran's colon cancer was incurred in or aggravated by service, may be presumed to have been incurred during such service, or is causally related to his service-connected duodenal ulcer disease. Therefore, service connection for colon cancer is denied.

The Board found that the veteran's duodenal ulcer disease was not manifested in service or within one year post-service, and there is no competent evidence relating it to any complaints or findings during service. The preponderance of the evidence is against the claim.

The Board granted a 10 percent rating for the veteran's right elbow disability and service connection for PTSD effective May 1, 2000. The veteran appealed for higher ratings and an earlier effective date.

The Board denied the appellant's request for waiver of overpayment of VA pension benefits due to her failure to submit a timely application, despite acknowledging that she was unaware of the time limit and ill at the time.

The Board denied an increased rating for chronic epididymitis with history of hydrocelectomy and did not address the claim for special monthly compensation based on loss of use of a creative organ.

The Board has remanded the case for additional development and readjudication due to new evidence received by the appellant, changes in the law, and incomplete medical records.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA Chapter 31 vocational rehabilitation benefits in the amount of $1,614.37 due to no fault on the part of the veteran and undue financial hardship.

The Board has determined that the veteran's malaria, bunions, and prostatitis were all incurred during his active military service.

The Board found that the veteran's current foot symptoms are not related to his service-connected metatarsalgia of the right foot and denied an increased rating.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that new and material evidence had not been submitted to reopen the original claim. The evidence did not show a direct link between the veteran's active service or his service-connected varicose veins and his fatal condition.

The Board denied service connection for the veteran's claimed eye disability, finding that there is no link between his current condition and active service.

The Board has reopened the claim for service connection for a skin disorder as secondary to mustard gas exposure and has determined that the veteran incurred this condition in service.

The veteran's claim for a permanent and total disability rating for pension purposes was granted, effective from September 15, 1999. His combined disability rating did not meet the regulatory requirements of 38 C.F.R. § 4.16.

The Board denied the veteran's claim to reopen his service connection for chest pain, finding that new and material evidence was not received.

The Board has determined that the veteran's claim for service connection for a stomach disorder cannot be reopened because no new and material evidence was received since the December 1983 rating decision.

The Board of Veterans' Appeals has remanded the case to the Regional Office for further action due to issues related to the termination of dependency and indemnity compensation following the appellant's marriage.

The Board denied the appellant's claim for basic eligibility for VA disability benefits due to a finding by the Army Reserve Personnel Center (ARPERCEN) that the appellant had no service as a member of the United States Armed Forces, including the Philippine Commonwealth Army.

The veteran's claim for an increased rating for residuals of a shrapnel wound to the right arm was granted, with a 10 percent evaluation effective from September 29, 1998. The rating was later reduced to noncompensable (0%) effective January 2, 2001.

The VA denied the appellant's claim for legal entitlement to VA benefits, finding that new and material evidence had not been presented.