Other conditions decisions — 2004

The VA has determined that the veteran's post-operative residuals of a small bowel resection do not warrant an evaluation in excess of 20 percent.

The veteran's claim for an increased evaluation of his service-connected postoperative residuals of a right acromioclavicular separation is being remanded due to the need for additional development, including a new VA examination.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that fault lay with the appellant and that collection would not be against equity and good conscience.

The veteran's service-connected lumbar disability of herniated nucleus pulposus at L4-L5 is currently rated as 60 percent disabling, which is the maximum schedular evaluation available under the rating criteria in effect prior to September 23, 2002.

The Board has granted the veteran's request for waiver of recovery of overpayment of non-service-connected disability pension benefits in the original calculated amount of $2,207.00, finding that recovery would be against equity and good conscience.

The Board denied a compensable evaluation for the post-operative left inguinal hernia and denied service connection for duodenal ulcer. The denial of service connection was based on new evidence that reopened an old claim.

The veteran's service-connected paroxysmal tachycardia (supraventricular arrhythmias) is currently rated at 30 percent, the highest evaluation available for this condition. The Board found that a higher rating was not warranted as the disability does not require frequent confinement or hospitalization and significantly interferes with employment.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the lung, finding that it was not incurred in service and rejecting his assertion that exposure to herbicides caused his condition.

The VA determined that the veteran's current diagnosis of ulcerative colitis is not related to his service, and thus denied his claim for service connection.

The Board has decided to remand the case for additional development, including providing VCAA notice and scheduling a VA examination.

The Board has determined that the veteran does not have a confirmed diagnosis of gouty arthritis and there is no competent evidence linking it to medication taken for service-connected hypertension. Therefore, the claim for service connection for gouty arthritis as secondary to hypertension was denied.

The Board has reopened the veteran's claim and found that new evidence supports a diagnosis of irritable bowel syndrome, which is consistent with symptoms noted in service. The Board granted service connection for this condition.

The Board found that the appellant's husband did not meet the criterion of 'veteran' for VA benefits due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces. The new evidence submitted by the appellant was deemed insufficient to reopen her claim.

The Board has remanded the case due to a need for additional development, including obtaining medical records and scheduling an examination.

The Board found no evidence of peripheral vascular disease in service or shortly thereafter, and the veteran's statements regarding a connection to military service were not credible. Therefore, service connection for this condition is denied.

The Board has remanded the case for further development, including obtaining medical records and a VA examination.

The Board found that the appellant's husband did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the U.S. Armed Forces and therefore is not eligible for non-service-connected VA death benefits.

The Board has granted the appellant's claim for an earlier effective date of May 13, 1997 for the grant of service connection for the cause of the veteran's death. The effective date is based on the date of receipt of her reopened claim in May 1997.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected peptic ulcer disease.

The Board has determined that the recoupment of the veteran's severance pay from his VA disability compensation is proper, as required by law.