Other conditions decisions — 2003

The Board found that the veteran's current respiratory issues are not related to his service and denied his claims for service connection.

The Board has determined that the appellant's character of discharge from service is a bar to VA compensation or pension benefits due to accepting an undesirable discharge to escape trial by court-martial.

The Board found no new and material evidence to reopen the claim of service connection for residuals of a claimed back injury, and denied reopening based on finality of the August 1974 RO rating decision.

The Board found that the appellant's deceased spouse did not have qualifying service with the U.S. Armed Forces, and thus the appellant is not eligible for VA death pension benefits.

The Board denied reopening the claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted since the April 1990 decision.

The Board denied the veteran's claim for an increased rating for his service-connected right inguinal hernia, finding that the current 10% rating adequately reflects the disability.

The Board found that the veteran's venous insufficiency of the lower extremities was not incurred in or aggravated by active military service and is not related to any service-connected disability.

The veteran's waiver request for overpayment of VA improved pension benefits in the amount of $1,666.46 was denied due to a finding of fraud/misrepresentation on his part.

The Board has ordered further development due to the need for additional evidence. The case is now remanded to the RO for specific actions, including obtaining treatment records and scheduling a VA orthopedic examination.

The Board has granted the appellant's claim for the entire proceeds of the veteran's National Service Life Insurance policy.

The Board denied the application to reopen the claim for service connection for the cause of the veteran's death.

The Board denied service connection for a blood disorder and the veteran's claim of entitlement to an initial rating in excess of 10 percent for residuals, excision of a ganglion cyst, left thumb, metacarpophalangeal joint with scar is pending.

The veteran is seeking service connection for penile pain, which he claims is related to a circumcision performed during his military service. The Board has remanded the case due to inadequate notice and duty to assist requirements.

The VA denied the veteran's claim for an initial compensable rating for his service-connected left eye injury, finding that his visual acuity is at least 20/40 in both eyes and thus not disabling under VA criteria. The case was remanded to address a separate issue of low back disability.

The Board has determined that the veteran was entitled to a total disability rating for more than 10 years prior to his death, which is sufficient for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's default on a VA-guaranteed mortgage resulted in an indebtedness of $12,067.45. After considering various factors including the veteran's income and expenses, the Board found that recovery would not be against equity and good conscience.

The VA has determined that the veteran's intervertebral disc syndrome at L-4, L-5, and S-1 does not warrant a rating in excess of 60 percent due to severe limitation of lumbar motion but not more than moderately severe incomplete paralysis of the sciatic nerve.

The Board denied a compensable rating for tonsillitis, status post tonsillectomy and adenoidectomy due to the veteran's essentially asymptomatic condition.

The Board denied the veteran's claim for service connection for fatigue, attributing it to pre-existing conditions such as cardiovascular disease and obesity.

The Board found that new and material evidence had not been submitted to reopen the claim for compensation under 38 U.S.C.A. § 1151, as no such evidence was provided since the January 1999 denial.