Other conditions decisions — 2003

The Board denied the veteran's claim for nonservice-connected disability pension benefits as he did not have active service during a period of war.

The Board denied service connection for disabilities of the legs, feet, back, and neck as they were not incurred in or aggravated by active service.

The Board denied the veteran's claim for service connection for hypercholesterolemia, finding that it is not a chronic acquired disorder and thus not eligible for VA compensation.

The Board has determined that the veteran's stenosing tenosynovitis and traumatic arthritis of the right thumb were not caused by VA medical treatment, and thus compensation benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Board has ordered further development due to the need for additional evidence. The veteran's case will be reassigned to the VLJ who conducted his hearing, and he is requested to provide information about environmental housing conditions in the UAE during his service.

The Board has ordered further development due to pending issues and the need for additional evidence. The case is now remanded for a mental status examination and review of medical records.

The Board has granted a 10 percent disability rating for the veteran's service-connected residuals of shell fragment wound, right calf with retained foreign body from March 15, 1948 to April 8, 1994.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for specific actions, including obtaining medical records and arranging an examination.

The Board denied the claimant's appeal, finding that she could not be recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran at the time of his death.

The Board has decided to remand the case for additional development due to procedural issues and incomplete evidence.

The Board denied the appellant's claim for accrued benefits due to a lack of legal basis, as veterans' claims do not survive their deaths and there is no provision in law for survivors to pursue disability compensation claims.

The VA has determined that the veteran's service-connected postoperative residuals of nasal trauma with a deviated nasal septum do not warrant a rating higher than the current 10 percent evaluation.

The veteran is seeking a higher rating for his service-connected residuals of a fracture of the right olecranon with limitation of motion. The case has been remanded to allow for additional development and consideration.

The veteran's claim for an increased rating of his service-connected antral gastritis is being remanded due to outstanding medical records and the need for a new VA examination.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for peptic ulcer and gastritis, as a 'stomach condition,' was denied due to lack of evidence linking these conditions to his military service.

The Board found that the veteran's failure to report all income sources, including from the Girl Scouts, resulted in an overpayment of VA pension benefits. The veteran is not considered to have acted with fraud, misrepresentation, or bad faith in creating this debt. However, repayment would be against equity and good conscience due to the fault on the part of the veteran, his lack of undue hardship, and unjust enrichment.

The Board has determined that the appellant's claim for basic eligibility for VA benefits is denied because there is no verified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has ordered further development due to pending evidence and procedural issues. The case will be returned for additional consideration.

The Board denied the claim for service connection for the cause of the veteran's death, finding that while he was presumed to have been exposed to herbicides during his service in Vietnam, there is no evidence showing a direct link between his colon cancer and his military service. The appellant argued for lung cancer as the primary site of the cancer, but the Board found insufficient medical evidence to support this claim.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the Regional Office (RO) for obtaining medical records and conducting a VA examination.