Other conditions decisions — 2008

The Board denied service connection for residuals of a left foot injury and gastrointestinal disorder, finding no competent evidence of current disabilities.,VA also denied the claim for an earlier effective date for increased compensation for migratory polyarthritis.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a psychiatric examination to assess the severity of her service-connected somatoform disorder. The TDIU claim will also be addressed as it is inextricably intertwined with the rating issue.

The veteran is seeking benefits under the Veterans' Compensation and Pension Act (38 U.S.C.A. § 1151) for paralysis of his right hemidiaphragm, which he claims was caused by treatment at a VA medical facility on July 9, 1999. The case has been remanded due to missing documents.

The veteran's claim for an increased rating for residuals of a fractured right clavicle was granted, with a 20 percent rating effective from November 10, 1998.

The Board has determined that the veteran does not have a current diagnosis of bronchiectasis and there is no medical evidence indicating that any previously diagnosed bronchiectasis is etiologically related to his military service. Therefore, service connection for bronchiectasis is denied.

The Board has remanded the case due to incomplete records, specifically the missing pages of a VA fibromyalgia examination report from April 2005. The claim will be reconsidered.

The Board has determined that the appellant is an unrecognized guerrilla who served in a recognized Philippine guerrilla unit under the direct command of a commissioned officer from the U.S. Armed Forces, and thus meets the criteria for veteran status to receive VA benefits.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for post-traumatic organic brain syndrome.

The Board found that the appellant's withdrawal from courses to maintain a higher grade point average did not constitute fraud, misrepresentation, or bad faith. The overpayment was validly created and the debt is now waived due to VA's fault outweighing the appellant's fault in this case.

The Board has determined that the veteran's arthritis of the right and left hip was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred in service. The VA examiner found no evidence linking the current hip conditions to the veteran's lumbar degenerative changes.

The Board has remanded the case due to the need for a VA medical opinion regarding whether service-connected conditions contributed to the veteran's death.

The Board denied the veteran's request to reopen his claim for service connection for residuals of burns to various body parts due to lack of new and material evidence.

The Board has determined that the veteran's current diagnosis of hypogammaglobulinemia is likely related to his in-service exposure to herbicides, specifically Agent Orange. As such, service connection for this condition is granted.

The Board has determined that the cause of the veteran's death, esophageal cancer, is not related to his active military service and thus denied the claim for service connection.

The Board denied the veteran's claim for waiver of recovery of an overpayment of $1,645.16 in VA disability compensation due to fault on the part of the veteran and found that repayment would not unfairly enrich him or defeat the purpose of the benefits.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an orthopedic examination to assess the current severity of her service-connected left and right knee disabilities.

The VA determined that the veteran does not have a current diagnosis of Môniéres Disease and found no evidence linking his symptoms to service, thus denying his claim for service connection.

The Board denied the appellant's claims for accrued nonservice-connected pension benefits and burial benefits, finding that the veteran did not meet income requirements for such benefits at the time of his death.

The Board denied the veteran's claim for service connection for actinic keratosis, finding that there was no medical evidence linking the condition to his military service or presumed exposure to Agent Orange. The long lapse of time between service and diagnosis also weighed against a service connection.

The Board has ordered the case to be remanded for further development, including obtaining medical records and a VA opinion regarding whether service-connected conditions contributed to the veteran's death.