Other conditions decisions — 2003

The veteran's service-connected malaria has not been active for a long time and there are no demonstrated residuals. As such, the criteria for assignment of a compensable rating have not been met.

The Board has determined that the veteran's chronic eye (vision) disorder is not related to his service and therefore denied his claim for service connection.

The VA has denied the appellant's claims for higher initial evaluations for his service-connected hypertrophic changes of the first metatarsophalangeal joint in both feet, finding that these conditions do not warrant a rating higher than 10 percent.

The veteran's appeal is remanded to the RO for scheduling a personal hearing before a member of the Board at the RO.

The Board denied the veteran's claims for service connection for a skin disorder and PTSD, finding no evidence of exposure to herbicide agents or verified stressors during his active military service.

The Board found that the veteran's chronic myelogenous leukemia was not incurred in or related to service, including exposure to ionizing radiation or Agent Orange. The claim is denied.

The veteran's claim for a compensable disability rating for malaria is denied as there is no objective evidence showing any current residuals of the in-service malaria.

The Board has determined that the veteran's permanent 100 percent disability rating for colon cancer with metastasis of the liver is granted, without need for further examination.

The Board denied the veteran's request for waiver of recovery of an overpayment in improved pension benefits amounting to $61,409 due to bad faith.

The Board has determined that the veteran's post traumatic stress disorder is related to his military service in Vietnam and grants service connection for this condition.

The Board has determined that a compensable rating for the veteran's right inguinal hernia is denied from December 24, 1997 to February 28, 2001. For the period since March 1, 2001, a 10 percent evaluation is granted.

The Board has determined that the veteran's gallbladder cancer, which caused his death in 1982, was incurred during service due to chronic cholecystitis/cholelithiasis first diagnosed after service. The Board finds this condition likely as not having its onset in service and contributing substantially or materially to cause the veteran's death.

The Board found that the veteran acted in bad faith by failing to promptly notify VA of his separation and divorce from A. J., resulting in an overpayment, and therefore denied the waiver of recovery of the overpayment.

The Board found no evidence linking the veteran's basal cell carcinoma to his military service, including a smallpox vaccination he claimed to have received in 1984 or 1986. The claim for service connection was denied.

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for a determination on whether new and material evidence has been submitted to reopen a claim of service connection for the residuals of a cerebral vascular accident as secondary to hypertension. The issue of special monthly compensation by reason of the need for aid and attendance or being housebound will be considered after this determination.

The VA determined that the veteran's scars from his shell fragment wounds do not meet the criteria for a compensable rating.

The Board has granted the veteran's claim for service connection for alcoholism as secondary to his service-connected PTSD.

The appellant's income exceeded the maximum applicable income limitation for death pension benefits, resulting in a denial of her claim.

The Board of Veterans' Appeals has remanded the case due to incomplete records and failure to apply new regulations for payment of expenses of private emergency treatment of non-service connected disability. The AO must obtain legible copies of all relevant medical records, address all pre-conditions listed in 38 C.F.R. � 17.1002, provide fair notice to the veteran regarding his claim, and offer assistance if needed.