Other conditions Board decisions

The Board found that the veteran's aortic insufficiency and history of an aortic aneurysm warranted a 60 percent rating under the applicable rating standards, but denied his claim for higher schedular and extraschedular ratings.

The Board has determined that the appellant does not meet the legal requirements to be considered a surviving spouse for Dependency and Indemnity Compensation purposes.

The veteran's L5 spondylolysis is rated at 60 percent, the highest available rating under the applicable diagnostic codes.

The veteran is seeking service connection for residuals of a traumatic head injury, including neck, spine, and leg disabilities. The case has been remanded to obtain additional medical records and schedule the veteran for a VA examination.

The VA has determined that the veteran's right foot neuroma does not warrant a rating higher than the current 10 percent, as her symptoms do not meet or approximate the criteria for a more severe disability rating.

The veteran's left and right foot callus formations are currently rated at 10 percent each, but the Board found that these ratings do not meet the criteria for an increased disability evaluation.

The Board has determined that the veteran's bilateral chondromalacia patellae is likely due to his active military service and grants service connection for this condition.

The Board granted a 30 percent rating for HSV II effective March 4, 2004.

The Board has determined that the overpayment of vocational rehabilitation subsistence allowance was properly created and there was no bad faith on the part of the veteran in its creation. The case is now being returned for consideration under the standard of equity and good conscience.

The Board has determined that the preponderance of evidence is against the veteran's claim for service connection for a right eye disability, claimed as a rust ring. The current right eye condition (hyperopic presbyopia) is not considered a disability for VA purposes.

The Board has granted service connection for bronchiectasis, a separate and distinct pulmonary disorder from COPD. The evidence supports the conclusion that the veteran's current lung condition is due to an episode of Legionnaires disease and pneumonia in 1985 during active duty training (ACDUTRA).

The Board has determined that the veteran's rectal cancer, first diagnosed many years after service discharge, is not related to his period of active military service and thus cannot be granted service connection.

The Board has determined that the veteran is likely as not to have developed basal cell carcinoma due to sun exposure during service. However, there is no evidence linking current diverticulitis to his active service or any service-connected condition.

The Board has reopened the veteran's claim for service connection for diverticulosis, claimed as abdominal pain secondary to his service-connected schizo-affective disorder. The evidence shows that the veteran has a gastrointestinal condition due to his service-connected schizo-affective disorder.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as the surgery was not provided by a VA employee or in a VA facility, and thus does not meet the requirements of the statute.

The appellant's claim for accrued benefits was filed more than one year after the veteran's death, and thus does not meet the legal criteria for such claims.

The veteran's overpayment of VA education benefits in the amount of $559.34 was not due to fraud, misrepresentation or bad faith and recovery would be against equity and good conscience.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability of the left eye from cataract surgery and/or eye drops, but his claim has been remanded due to the need for a VA eye examination.

The appellant's father did not have active military service for the purpose of establishing entitlement to VA pension benefits and therefore, the appellant is not entitled to non-service-connected death pension benefits.

The Board found that the veteran did not serve in Vietnam and thus could not be presumed to have been exposed to herbicide agents. The claim for service connection for cancer of the larynx with a total laryngectomy was denied as there is no evidence of exposure to herbicides or other events during service.