Other conditions decisions — 2005

The veteran's appeal is being remanded to the RO for further development, including obtaining recent treatment records and scheduling a VA examination to assess the current severity of his service-connected knee conditions.

The Board has determined that the veteran's impotence is not related to his service-connected postoperative varicocelectomy and therefore denied the claim for service connection.

The Board has determined that the veteran's peripheral vascular disorder is secondary to his service-connected diabetes mellitus, type II.

The Board finds that the veteran's arthropod bite allergy, with post-inflammatory hyperpigmentation, may be service-connected as it is reasonable to infer that the condition was incurred during military service.

The case is being remanded for further development and adjudication, including obtaining service department certification or verification of claimed periods of service. The appellant's claim will be readjudicated based on the newly received evidence.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a pilonidal cyst. The Board also found that the veteran's current disability, which includes residuals of a pilonidal cyst, was incurred during his active military service.

The Board found that the cause of the decedent's death (Koch's, pulmonary) was not related to service or a service-connected disability. The appellant did not meet the criteria for basic eligibility for VA non-service-connected death pension benefits.

The service department has certified that the veteran does not have recognized prisoner of war status during any period of active service. The Board finds this certification to be binding and therefore denies the claim for former prisoner of war status.

The case is being remanded due to a failure to schedule the appellant for a personal hearing before a Veterans Law Judge at the RO.

The Board found no competent medical evidence linking the veteran's urinary frequency to his military service, and thus denied service connection for this condition.

The Board found that the veteran's current back disability did not exist during service or within one year of discharge, and is not related to active service.

The Board has determined that there is no current skin condition of the feet to support a claim for service connection, and thus denied the veteran's claim.

The Board has determined that the veteran did not intend to seek an unfair advantage, with knowledge of the likely consequences. Therefore, recovery of the overpayment is not precluded by a finding of fraud, misrepresentation, or bad faith.

The Board has granted service connection for colectomy with permanent ileostomy for multiple polyposis, awarded a 10% rating for the left eye corneal scar, and granted an effective date of June 3, 2003 for the grant of service connection for residuals of a lumbar spine disability.

The Board denied the veteran's request for a waiver of recovery of loan guaranty indebtedness in the amount of $15,398.63 due to fault on the part of the veteran and lack of financial hardship.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service, as certified by the National Personnel Records Center.

The Board finds that the veteran's squamous cell carcinoma of the throat and mouth to include soft palate, throat and tonsils is due to his exposure to Agent Orange during service. As such, the claim for service connection is granted.

The Board has determined that the appellant's net worth is excessive for receiving VA death pension benefits, including special monthly pension. Therefore, her claim for improved death pension benefits is denied.

The Board has ordered additional development of the record to determine if the veteran's current right great toe disability is related to his service, including any National Guard service. The veteran will be provided a VA examination to assess the nature and etiology of his right great toe injury.

The Board has remanded the case to the RO for further action, including consideration of whether there was clear and unmistakable error in a prior final decision regarding entitlement to an earlier effective date for DIC benefits.