Other conditions decisions — 2002

The veteran's emphysema is the result of disease or injury incurred in active military service, and the Board has granted service connection for this condition.

The veteran's request for waiver of recovery of an overpayment of improved disability pension benefits in the amount of $20,180 was denied due to fault on his part and because it would not be unreasonable to expect repayment.

The Board found that there is no evidence showing a contusion to the left side of the face during or after service, and thus denied the veteran's claim for service connection.

The veteran's overpayment of VA compensation benefits from April 1998 through June 2001 is waived due to the lack of fault on his part and against equity and good conscience.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim of service connection for arthritis in January 1998. The RO has since received new evidence, but it is not sufficient to reopen the claim as it does not provide new and material evidence.

The Board has granted an earlier effective date of December 23, 1975 for the grant of service connection for a skin disorder. The veteran's claim for improved disability pension benefits and Service Disabled Veteran's Insurance (RH) under 38 U.S.C.A. § 1922(a) is remanded to the RO&IC.

The Board has determined that the veteran's residuals of laryngeal cancer are related to his service, specifically the radiation treatment he received in 1952. The condition is considered a direct result of his military service.

The Board found that there is no current diagnosis of arthritis or other chronic hand disability, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran's schizoaffective disorder is service-connected, with a presumption of aggravation due to pre-existing conditions.

The Board denied the veteran's claim for service connection for a chronic acquired skin disorder, finding no evidence of such condition during his active duty service and concluding that it was not related to herbicide exposure.

The Board denied an initial evaluation in excess of 10 percent for the veteran's service-connected residuals of a cholecystectomy with gastritis, finding that the preponderance of evidence did not support such a rating.

The Board has determined that the appellant's deceased spouse did not have qualifying active service for purposes of the appellant's entitlement to VA non-service connected death pension benefits, and thus the appellant does not have legal entitlement to these benefits.

The veteran's patellar syndrome of the left knee with traumatic arthritis results in limitation of flexion to 30 degrees, warranting a 20 percent rating.

The veteran's initial 10 percent evaluation for residuals of a stress fracture of the right pelvis is upheld as it adequately compensates for her functional loss due to pain and other subjective factors.

The Board found that the veteran's stomach disorder was not incurred in or aggravated by his active duty service and denied his claim.

The Board has determined that the veteran does not have current residuals of venereal disease and therefore cannot establish service connection for this condition.

The Board denied the veteran's claim for an earlier effective date of June 21, 1994 for the grant of service connection for spondylolysis at L5-S1.

The Board denied the veteran's claims for former POW status, a nonservice-connected pension, and service connection for malnutrition and rheumatism due to lack of evidence supporting these claims.

The case is being remanded to the RO for scheduling a local hearing and further action.