Other conditions decisions — 2005

The VA has determined that the residuals of surgery to remove a lipomyoma from the veteran's left upper arm do not meet the criteria for an initial compensable rating.

The VA determined that there is no competent evidence showing a current skin disorder related to service or due to an undiagnosed illness during the Persian Gulf War.

The Board denied the veteran's claim of service connection for a chronic lung disorder, finding that his current diagnosis of pulmonary fibrosis is not related to his military service and does not meet the criteria for presumptive service connection based on exposure to herbicide agents.

The veteran's claim for an increased evaluation of his left posterior scapular injury with chronic intermittent myofascial pain syndrome (claimed as back pain) was denied because he failed to report for a VA examination scheduled in connection with the claim.

The veteran's varicose veins of the right leg are currently rated at 20 percent, but a higher rating is not warranted. The Board granted an increased rating to 40 percent effective from August 31, 1998.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA death benefits purposes due to her remarriage after the veteran's death.

The Board found that the veteran's duodenal ulcer disorder has been productive of moderate impairment of health, warranting a 20 percent disability rating.

The Board has denied the veteran's claims for service connection for several conditions, including a skin rash, right side cramps, weakness, vomiting, and peeling of the hands, all claimed as due to undiagnosed illnesses. The Board found that these conditions were not related to service or the Persian Gulf War.

The Board found that the cause of the veteran's death was not related to service-connected conditions and denied both claims for service connection for the cause of death and Dependents Educational Assistance (DEA).

The VA has granted an increased rating of 10% for the veteran's pilonidal cyst, effective from the date of the decision.

The veteran's request for a total rating due to unemployability caused by service-connected disability prior to February 24, 1998 is being remanded for further action.

The Board of Veterans' Appeals (Board) found that the veteran did not file a timely request for the waiver of an overpayment of VA compensation benefits in the amount of $8,128.00 and denied his appeal.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the RO. The veteran and his representative are notified of their right to request either a Travel Board or an in-person Board hearing, or to withdraw any requests.

The Board found that the termination of the veteran's VA pension benefits due to his incarceration for a felony conviction was proper, resulting in an overpayment which must be repaid.

The veteran's claim for an increased rating for his service-connected digestive disorder disability is denied as the evidence does not meet the criteria for a higher evaluation.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of recognized service in the U.S. Armed Forces, specifically Philippine Commonwealth Army.

The Board of Veterans' Appeals has determined that the appellant's character of discharge does not act as a bar to VA benefits, and thus grants eligibility for VA benefits.

The Board denied the veteran's claims for a compensable evaluation for service-connected malaria and service connection for shortness of breath secondary to service-connected malaria, finding no evidence of current residuals or recurrence of malaria and concluding that shortness of breath is not related to his service-connected malaria.

The Board found that the veteran's nasopharyngeal cancer was not incurred in or aggravated by his active service, and may not be presumed to have been so incurred due to herbicide exposure. The claim for service connection is denied.

The Board has determined that the veteran does not have a current neck disability related to his time in service and therefore denied his claim for service connection.