Other conditions Board decisions

The Board has denied the veteran's request for a waiver of overpayment in the amount of $36,336 due to an overpayment of nonservice-connected pension benefits. The decision is based on the creation of the overpayment through unreported income and subsequent retroactive termination of pension benefits.

The Board has determined that the veteran's Hodgkin's disease, which is currently in remission since 1983, does not present symptoms warranting a higher than 30 percent evaluation under either the old or new rating criteria. The claim for a higher initial evaluation for Hodgkin's disease is denied.

The veteran's claim for higher ratings for his hip disabilities has been denied. The right hip was rated at 20 percent from August 1, 1998 to June 3, 2002 and at 30 percent since August 1, 2003. The left hip disability remains at a 30 percent rating.

The Board has determined that a separate, compensable evaluation of 10 percent is warranted for chondromalacia of the right knee in addition to the current 10 percent evaluation for degenerative joint disease.

The veteran's appeal for an increased rating for his service-connected axillary lymphangitis with chronic venous insufficiency of the right upper extremity has been granted, but he is still seeking service connection for rheumatoid arthritis and right shoulder impingement syndrome as secondary to this condition.

The veteran's appeal is being remanded for further development, including a new VA examination and consideration of the claims in light of the VCAA.

The Board denied an increased rating for the veteran's herniated nucleus pulposus, and the claim is remanded to issue a statement of the case.

The veteran's appeal is about the initial rating for residuals of pulmonary cancer, which was granted at 100% from February 14, 2002, and then reduced to 10% from November 1, 2002. The RO proposed to sever service connection for the condition but has not yet accomplished this action. The veteran requested a hearing before a Veterans Law Judge (VLJ) at the RO.

The Board has determined that the veteran's service-connected left spontaneous pneumothorax does not warrant a disability evaluation in excess of 10 percent, as there is no evidence of increased damage or recurrence of the condition. The preponderance of the evidence supports this conclusion.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case due to incomplete medical records and conflicting medical evidence regarding the veteran's asbestos exposure and current lung condition.

The veteran's request for a higher rating for his service-connected right index finger fracture base distal phalanx is being remanded due to the need for further examination and review of the claims file.

The Board has reopened the veteran's claims for service connection for arteriosclerotic cardiovascular disease and malnutrition, finding new and material evidence. The claim for TDIU due to service-connected disabilities is remanded.

The Board denied the veteran's claim for service connection for residuals of a head injury in August 1993. New and material evidence was not submitted to reopen the claim, so it remains denied.

The Board denied the veteran's claim for service connection for the residuals of a perforated duodenal ulcer, finding that it was not proximately due to or the result of his service-connected psychiatric disability.

The VA has denied an increased rating for the veteran's service-connected residuals of a penetrating injury to the right lung from a shell fragment wound, as his disability does not meet the criteria for a higher evaluation under Diagnostic Code 6843.

The Board denied service connection for chronic sore throats and pharyngitis, and also denied an initial rating in excess of 10 percent for gastroesophageal reflux disease. The veteran's gastroesophageal reflux disease was manifested by vomiting, indigestion, and pyrosis.

The appellant's spouse had no recognized active military service with the U.S. Armed Forces, and thus the appellant is not eligible for VA benefits.

The appellant's claims for accrued benefits and nonservice-connected death pension benefits were denied as there was no legal basis to support the claims due to the veteran's recognized guerilla service not qualifying for VA benefits.

The veteran is seeking service connection for ulcerative colitis, which he claims is secondary to his service-connected PTSD. The Board has decided that a remand is necessary to obtain an opinion on the etiology of the ulcerative colitis and its relationship to service.