Other conditions decisions — 2007

The veteran's request for a waiver of indebtedness created by an overpayment of pension benefits was denied due to his willful misrepresentation of income, which resulted in the erroneous award of benefits.

The Board has denied the veteran's claims for service connection for metatarsalgia of the right foot, residuals of a right ankle sprain, and left foot disorder due to lack of competent medical evidence of current disabilities.

The Board denied the veteran's petition to reopen his claim for service connection for defective hearing, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's duodenal ulcer does not meet the criteria for a higher disability rating, and thus denied his claim.

The Board has remanded the veteran's claim for service connection for spondylolisthesis due to insufficient medical evidence regarding the etiology of his condition. The veteran is requested to undergo a VA examination and provide clarification on whether his current back condition is related to in-service events.

The Board has granted service connection for the veteran's bruxism, finding it to be related to his service-connected anxiety disorder.

The Board found that the veteran's decreased pulmonary function was not caused by VA hospitalization or medical treatment, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's death occurred after a claim for accrued benefits was received, but no monetary benefit was due at the time of his death. The appeal is denied.

The Board denied the appellant's request for an earlier effective date for DIC benefits, stating that she did not file a claim within one year of her husband's death or prior to December 30, 2003. The decision was based on legal interpretation and application.

The appellant's DIC benefits were terminated at the time of her remarriage in November 1974, and she is not eligible for reinstatement as a matter of law due to the age requirement.

The Board denied the veteran's claim for service connection for a sleep disorder, finding that there was no evidence of a chronic in-service sleep disorder and noting that the veteran's current sleep disability is not linked to his military service.

The Board finds that the veteran's peptic ulcer disorder is secondary to his service-connected PTSD, and grants service connection for this condition.

The veteran's claim for service connection for a testicle disorder, to include as secondary to his right inguinal hernioplasty, is being remanded due to the need to obtain private medical records and provide an examination.

The veteran is seeking service connection for a right inguinal hernia and its associated complications, including a status post right inguinal hernia repair. The Board has determined that further medical assessment is needed to determine if these conditions are related to his military service.

The Board has determined that the veteran's muscular dystrophy was not incurred in or aggravated by service and may not be presumed due to its hereditary nature. The claim for service connection is denied.

The appellant's deceased spouse served with the New Philippine Scouts from April 23, 1946 to May 8, 1947. However, this service does not qualify for VA pension benefits as it is not considered active military service.

The Board has determined that there is no medical evidence of an inguinal hernia until after the veteran's discharge from service in February 1949, and there is no competent evidence linking a current hernia to his period of military service. Therefore, the claim for service connection for an inguinal hernia is denied.

The Board has denied the veteran's claims for service connection for left arm injury, head injury, and bilateral hearing loss as there is no competent evidence of current disabilities or in-service incurrence.

The Board denied the veteran's claim for an increased rating for his post-traumatic arthritis of the right elbow, currently rated at 10 percent. The evidence did not warrant a higher rating.

The veteran's post-operative carcinoid cancer (terminal ileum) tumor was not incurred in or aggravated by service, and may not be presumed to have been incurred in service.