Other conditions decisions — 2007

The Board found that the veteran's chest wall pain due to stress was not incurred in or aggravated by active service and denied his claim.

The Board denied the veteran's claim for service connection due to her failure to report for a VA examination scheduled in January 2007.

The Board denied the veteran's claims for service connection for colon cancer with carcinoma of the rectum, intractable pain, stool incontinence, lower abdomen scars, and upper abdomen scars. The reasons given were that there was no evidence linking these conditions to service or any other event/occurrence during his period of active duty.

The VA denied an increased evaluation for the veteran's skin disorder, finding that it did not meet the criteria for a higher rating under either the old or new Diagnostic Code 7806.

The veteran's appeal is being remanded to the RO for further development of evidence and due process development. The veteran needs to report for a Travel Board hearing.

The Board denied the veteran's claim for waiver of overpayment of VA disability compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the debt.

The Board has determined that the appellant's claim for waiver of recovery of an overpayment of her apportionment benefits was timely filed and granted. The appeal is now closed as the benefit of the doubt is resolved in favor of the appellant.

The Board found no probative evidence linking the cause of death to military service, and denied the claim for service connection.

The Board has determined that the veteran's claims for service connection for fungal infections of the left eye, right eye and both ears, malaria, and a nose fracture have been denied as new and material evidence was not submitted to reopen any of these claims.

The Board has granted a 50 percent disability rating for the service-connected post-operative residuals, uterus, myomectomy for fibroids and endometriosis. The veteran's gynecological condition is manifested by multiple lesions of the uterus, pelvic pain, heavy bleeding that are not controlled by treatment, and interference with bowel functions.

The Board found that the veteran's loss of use of two digits on his left hand existed prior to service and was not aggravated by active service, thus denying the claim for service connection.

The veteran's appeal for an increased disability rating for his service-connected spinal compression fracture of the L1 and L2 is being remanded due to procedural issues. The case will be returned to the agency of original jurisdiction for appropriate action.

The Board denied the appellant's claim for a waiver of recovery of an overpayment of death pension benefits in the amount of $6,452.00 due to her bad faith in failing to report earned Social Security Administration income.

The Board has determined that the veteran's patellofemoral pain syndrome of both knees does not warrant a higher rating as his range of motion and instability do not meet the criteria for such an increase.

The Board denied an increase in DIC benefits, including a higher rate for aid and attendance, as the appellant did not meet the legal requirements to receive such additional compensation.

The Board has determined that the veteran's claim for an earlier effective date for service connection for uterine fibroids with metrorrhagia, status post partial hysterectomy, is denied as there was no current disability at the time of her July 1995 claim and the earliest possible effective date is October 16, 2003.

The Board has determined that the appellant does not have varicose veins of the right lower extremity, and there is no evidence showing such condition during service or within one year post-service. Therefore, service connection for this condition cannot be granted.

The VA denied the veteran's request for an increased evaluation of his left hip iliotibial band syndrome, currently rated at 10 percent.

The Board denied the appellant's claim for full payment of VA Dependency and Indemnity Compensation (DIC) benefits while incarcerated due to a felony conviction, as the law limits compensation during incarceration for such cases.

The veteran's claim for special monthly compensation due to the need for aid and attendance of another person or being permanently housebound is remanded as his disability picture has changed, requiring a new VA examination.