Other conditions decisions — 2006

The Board found that the veteran's service-connected status post gastric resection, duodenal ulcer and cholecystectomy, with bile reflux and severe heart burn does not meet or approximate the criteria for a rating in excess of 40 percent.

The case is being remanded for further attempts to certify the decedent's service with the U.S. Armed Forces, including USAFFE and as a guerilla.

The Board has determined that the veteran's service-connected postoperative cyst of the right ear does not meet the criteria for a compensable rating, as it is manifested by a scar and subcutaneous lesion without significant functional impairment or disfigurement.

The Board has determined that the veteran's right elbow conditions, including epicondylitis and osteoarthritis, were not incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for loss of sense of smell and taste, finding that there was no evidence linking these conditions to his service-connected nasal injury residuals.

The Board found that the appellant was not the veteran's surviving spouse for VA purposes due to issues with the validity of their marriage in the Philippines.

The veteran's request for a waiver of overpayment of pension benefits was denied because it was not filed within the required 180-day period after notice of the indebtedness.

The veteran's claim for service connection for residuals of cold weather injuries of the hands, legs and joints was denied by the RO in April 2003. The veteran did not file a timely substantive appeal within the required time frame, leading to the dismissal of his appeal.

The Board found that the veteran knowingly signed a false affidavit in connection with another individual's application for VA benefits, and thus forfeited all rights to VA benefits under 38 U.S.C.A. § 6103(a).

The veteran's claim for payment or reimbursement of private medical expenses on April 28, 2004, including air transport from St. Elizabeth's Health Service to St. Luke's, was denied as he had coverage under a health plan contract that provided partial reimbursement.

The Board has determined that the veteran's service-connected hiatal hernia and residuals of removal of colon polyps do not warrant increased ratings under the applicable rating criteria.

The Board denied the veteran's claim for service connection for a left eye condition in December 1996. The Court granted a Joint Motion for Remand, vacating the October 2001 Board decision and remanding the matter for additional proceedings. The Board again denied the claim in August 2003. New evidence received since the previous denial does not meet the criteria to reopen the claim.

The Board found that the VA treatment did not result in additional cardiac disability, and thus denied the claim under 38 U.S.C.A. § 1151.

The veteran's chronic bowel disease is related to his active duty service and the Board has granted service connection for this condition.

The Board has remanded the case for further development due to incomplete VCAA notice.

The Board found that the veteran's gastrointestinal problems were not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's left varicocele is rated as 10 percent disabling, and the Board denied a higher rating based on lack of recurrent symptomatic urinary tract infection.

The Board has determined that there is insufficient evidence to establish service connection for the veteran's low back disability, and thus denied the claim.

The Board has denied the veteran's claim for service connection for actinic keratosis, finding that there is no evidence linking the condition to his active military service.

The Board denied service connection for invasive pituitary adenoma-macroadenoma, acromegaly of the feet, and degenerative joint disease and osteopenia of the feet. The diagnoses were not considered to have originated during or due to service.