Other conditions decisions — 2007

The veteran's service-connected fecal incontinence is currently rated at 30 percent, effective January 4, 2006. The claim for a higher rating prior to that date remains denied.

The Board found that the appellant was not permanently incapable of self-support at the age of 18, based on his ability to attend school and complete a trade course. The claim for helpless child benefits was denied.

The Board has granted the veteran's waiver of recovery for an overpayment of VA pension benefits, finding that it would be against equity and good conscience to recover the debt due to financial hardship caused by the overpayment.

The veteran seeks an increased initial rating for his shell fragment wound to the right lower extremity. The case is REMANDED due to inadequate examination and need for clarification of the nature and extent of the injury.

The Board has granted service connection for the veteran's back condition as secondary to his service-connected bilateral knee arthritis.

The Board denied the appellant's claims for nonservice-connected pension and compensation benefits due to a lack of qualifying service, as his service with the Philippine Scouts was not considered active military service.

The Board found that the veteran's gastrointestinal condition existed prior to service and was not aggravated by military service, leading to a denial of his claim for service connection.

The Board found that the veteran's cancer of the tonsils and neck is related to his exposure to herbicides (Agent Orange) in service.,Service connection for bladder cancer was denied as there was no evidence linking it to Agent Orange exposure.

The veteran's claim for waiver of overpayment of VA pension benefits was denied as the appellant was found at fault in creating the debt due to failure to report his income. The Board determined that recovery would not be against equity and good conscience.

The Board has remanded the case for additional development, including a VA examination to determine if any current foot disability is related to service. The veteran's claim of entitlement to service connection for a bilateral foot disorder will be readjudicated after the examination.

The Board found that the appellant's late husband did not have qualifying service in the United States Armed Forces, and thus denied her claim for basic eligibility for VA death benefits.

The Board denied the veteran's claim for an earlier effective date of February 26, 2004 for a 70 percent disability evaluation for bilateral thermal photic foveal damage (eye disorder), finding that no factually ascertainable increase in disability occurred within the one-year period preceding February 26, 2004.

The Board denied a higher initial rating for herniated nucleus pulposus with radiculopathy and degenerative changes, finding that the evidence did not meet the criteria for an increased rating from December 1, 2000 to September 25, 2003.

The veteran's spouse is granted payment of special monthly pension due to the need for aid and attendance that was due and unpaid to the veteran.

The Board has denied the veteran's claim for service connection for loss of sense of smell, finding that there is no evidence to support his contention that he incurred this condition during active duty.

The Board has determined that the cause of the veteran's death was not service-connected and that DIC benefits pursuant to 38 U.S.C.A. § 1318 are also denied.

The veteran's claim for a compensable rating for bilateral hallux valgus with bunions is denied. The veteran is granted an initial 10 percent rating for bilateral degenerative changes of the metatarsophalangeal joints, and his claim for a 10 percent rating based on multiple noncompensable service-connected disabilities as provided by 38 C.F.R. § 3.324 is dismissed.

The Board denied service connection for cancer of the pancreas and liver tumors, as well as a skin disability, both claimed to be due to exposure to Agent Orange. The evidence did not support a finding that these conditions were related to service or Agent Orange exposure.

The Board has determined that a remand is necessary to address the cause of the veteran's death and its relationship to his service-connected psoriatic arthritis.

The veteran's emergency medical services for lacerations near his right eye on April 7, 2004 were not considered an emergency requiring payment by VA because the injuries did not place him in serious jeopardy or cause significant bodily harm. The claim was denied.