Other conditions decisions — 2007

The Board found that the veteran's right foot injury was not incurred in or aggravated by service and denied his claim for service connection. The initial disability ratings for bilateral hearing loss and hemorrhoids were also denied.

The Board found that the veteran's active duty service did not qualify him for nonservice-connected pension benefits because it was after the Vietnam Era and prior to the Persian Gulf War. Additionally, the period of 'prior active service' shown on his DD Form 214 was verified as a period of ACDUTRA rather than active duty, which does not count towards qualifying for non-service-connected pension.

The Board has determined that the veteran does not have PTSD related to his service and therefore denied the claim for service connection.

The veteran's claims for increased evaluations of his fractures of the pelvis and left tibia fracture were denied as there was no evidence to support ratings higher than the current 10 percent evaluations.

The Board has dismissed the appeal because the appellant did not file a timely Substantive Appeal in response to the October 2003 denial of death pension benefits.

The Board has determined that the veteran's dermatophytosis, which covers less than 5% of his entire body, warrants a 10 percent disability rating. The condition is not considered to meet the criteria for an even higher rating.

The veteran's service-connected musculoskeletal pain and fatigue is currently rated at the maximum schedular rating of 40 percent, effective February 11, 1996. The claim for a higher evaluation is denied.

The Board has granted service connection for the veteran's left hand disorder and assigned a 10 percent disability rating effective August 1, 2001.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board determined that the appellant's spouse did not have recognized service with Philippine Army in the service of the U.S. Armed Forces, Far East (USAFFE), and therefore denied the claim for VA death benefits.

The Board has denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that her actions constituted bad faith due to intentional misrepresentation of income.

The Board has remanded the case due to incomplete medical records and the need for further examination. The veteran's claims for service connection for left hydrocele, left inguinal hernia, and right inguinal hernia are pending.

The Board has determined that there is no statutory bar to a waiver of recovery of the overpayment, and thus grants the veteran's request for a waiver.

The Board has determined that the veteran does not have a current dental disability for which compensation can be granted, as there is no evidence of nonunion or malunion of the maxilla or mandible; limited motion of the temporomandibular joint; impairment of the ramus, condyloid process, or coronoid process; loss of the hard palate; or loss of all upper anterior teeth, all lower anterior teeth, or all upper and lower teeth on one side.

The veteran's knee disorders and headache disorder are currently rated at 10 percent each, but no higher. The Board finds that increased ratings are not warranted for any of the conditions.

The veteran's claim for a higher rating for thoracic spine strain was denied, and the effective date for service connection of duodenal ulcer disease was set at November 26, 2002. The claim for a compensable rating for duodenal ulcer disease is pending.

The VA determined that the veteran did not have a right or left elbow disability during service and there is no evidence of such disabilities post-service. The claims for these conditions were denied.

The Board denied the veteran's claims to reopen his service connection for PTSD, skin disability, and right hand disability. The left hand disability claim was also denied.

The Board has denied the veteran's claims for service connection for colon polyps and signet ring adenocarcinoma, finding no evidence of a nexus between these conditions and his military service or presumed herbicide exposure.

The Board found that the veteran's residuals of a stab wound to the left arm do not meet the criteria for an evaluation in excess of 30 percent.