Other conditions decisions — 2007

The Board found no indication of fraud, misrepresentation or bad faith on the part of the appellant in creating the overpayment. The appeal is granted as there is no statutory and regulatory bar to considering a waiver of recovery due to lack of bad faith.

The Board denied the veteran's claims for increased ratings for non-Hodgkin's lymphoma and fatigue associated with non-Hodgkin's lymphoma, finding that there was no evidence of active disease or ongoing treatment. The veteran's erectile dysfunction and surgical scar of left neck were not service-connected.

The Board found that the overpayment of nonservice-connected pension benefits was properly created and denied the veteran's appeal.

The Board has denied the veteran's attempt to reopen his claim for revocation of forfeiture of VA benefits due to his membership in the Philippine Constabulary, finding that new and material evidence was not submitted.

The Board has denied the appellant's claim for service connection for the cause of her husband's death, finding that the evidence did not establish a direct link to military service.

The Board of Veterans' Appeals denied the veteran's claim for service connection for post-traumatic stress disorder due to a lack of evidence of a current diagnosis.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's PTSD is related to combat in Vietnam, and ordered a VA examination.

The Board has determined that the appellant does not have qualifying military service for VA nonservice-connected pension benefits and therefore is not eligible for these benefits.

The Board denied the claim of recognizing the veteran's son as a 'child' based on permanent incapacity for self-support due to lack of objective medical evidence supporting the appellant's condition and dependency.

The Board denied the claim of service connection for cause of death due to exposure to ionizing radiation, finding no evidence linking the veteran's rectal cancer and its metastases to liver with his military service.

The Board found that the veteran's post-operative residuals of a gunshot wound to the abdomen do not warrant an evaluation in excess of 30 percent, as his symptoms did not meet the criteria for a higher rating under Diagnostic Code 7301. A separate 10 percent rating was granted for muscle Group XIX.

The veteran's claim for an increased rating for his post-operative fracture of the mandible is being remanded due to the need for a VA examination and further development.

The veteran's appeal for service connection for left tonsillar squamous cell carcinoma with extension to the anterior oropharynx and inferior base of the tongue has been dismissed due to his death.

The veteran's healed left zygomatic fracture is currently rated at 10 percent and the Board finds no basis for an increased rating.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in service, and denied the claim for service connection for the cause of his death.

The Board has determined that the veteran's pre-existing gastrointestinal disability, including antral gastritis, did not undergo an increase in severity during service and therefore denied his claim for service connection.

The Board has determined that the veteran's service-connected psychosis is not currently manifested by mild or transient symptoms, which decrease work efficiency and ability to perform occupational tasks during periods of significant stress. Therefore, a compensable rating for the psychosis is denied.

The Board found that the veteran's pre-existing right foot conditions did not increase in severity during service and denied his claim for service connection.

The Board denied the appellant's claim for non-service-connected death pension benefits as her husband did not have the type of service necessary to qualify.

The Board has determined that the appellant does not have prostatitis as a result of service, and therefore denied his claim.