Other conditions decisions — 2006

The Board finds that the veteran's rectal pain and fecal incontinence are due to unauthorized VA surgical treatment performed on March 18, 1996. The claim is granted.

The veteran withdrew his appeal regarding the issue of special monthly pension based on need for aid and attendance.

The Board has determined that the veteran's right foot disorder, diagnosed as a bony spur or bone overgrowth above the metatarsal-cuneiform joint, is causally related to his military service and therefore grants service connection for this condition.

The Board has reopened the veteran's claims for service connection for a neck disorder, disability of the left hand, and disability of the right hand. The evidence received since the December 2000 rating decision is sufficient to establish current disabilities and their relationship to service.

The Board determined that the appellant's service with the New Philippine Scouts does not qualify them for nonservice-connected pension benefits.

The Board denied the appellant's claim for VA death benefits as her deceased spouse did not have qualifying military service, and thus was not a veteran for purposes of receiving these benefits.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied DIC benefits under 38 U.S.C.A. § 1318. The appellant also did not meet the eligibility requirements for non-service-connected death pension benefits due to excessive income.

The Board has determined that the current hypertension is related to service and remands the case for further development.

The Board found that the veteran's failure to report his marriage and his wife's income resulted in an overpayment of pension benefits. The veteran was denied waiver of recovery of this overpayment due to a lack of evidence showing he acted in bad faith.

The Board denied the veteran's claims for a rating in excess of 10 percent for calcaneal spurs in both feet, finding that the disability is productive of moderate symptoms and does not warrant an increased evaluation.

The Board has determined that the veteran's current disability manifested by bilateral ear pain is not shown to be due to a disability incurred or aggravated in service, and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for residuals of a nose injury and for increased ratings for his right knee and left knee disorders. The evidence did not support the presence of current residuals from any in-service nose injuries, and there was no indication that the right knee or left thigh conditions were related to service.

The veteran does not currently have any residuals of staphylococcus epidermidis and Gaffkya species, which were not incurred in service.

The Board found that the veteran's residuals of a right inguinal hernia repair were not incurred in or aggravated by her active duty service and denied her claim.

The Board has determined that the veteran does not have diverticulitis due to disease or injury incurred in or aggravated by active military service.

The Board has remanded the case due to inadequate examination and incomplete VCAA notice.

The Board has remanded the case for further development to determine if service connection is warranted for the cause of the veteran's death from esophageal cancer due to exposure to ionizing radiation.

The VA denied an initial compensable rating for left testicular atrophy as there is no evidence of complete atrophy or removal of both testes, or a non-functioning right testis.

The veteran's calluses were rated as noncompensable prior to April 12, 2004 and denied for a rating in excess of 30 percent thereafter.

The Board denied the veteran's request for an earlier effective date for non-service-connected pension benefits, ruling that such a date is not warranted due to legal dispositions.