Other conditions Board decisions

The Board denied the veteran's request for a waiver of recovery of an overpayment of Chapter 30 educational assistance benefits, finding no fraud or bad faith on her part but concluding that repayment would not be against the principles of equity and good conscience.

The Board found no evidence of a service-connected organic disorder resulting in syncopal episodes, and denied the veteran's claim for service connection.

The Board has determined that the veteran is entitled to a compensable disability rating of 10 percent for actinic keratosis prior to March 20, 2000 and a 10 percent disability rating from March 20, 2000 forward.

The Board has denied the veteran's claim for service connection for a herniated disc at L4-5, secondary to his service-connected residuals of shell fragment wound to the left thigh. The issue of an increased disability rating for the residuals of shell fragment wound to the left thigh is remanded.

The veteran currently suffers from moderate stricture of the esophagus, and his service-connected hiatal hernia with Schatzki's ring is evaluated as 30 percent disabling. The Board found no evidence that the veteran suffered from severe stricture allowing passage of liquids only, which would warrant a higher evaluation.

The Board denied the veteran's claims for increased ratings for residuals of a fractured pelvis, finding that the evidence did not support an increase in disability rating beyond 20% since September 2002 and denied any prior to that date.

The Board found that the veteran's actions in defaulting on his mortgage did not constitute bad faith, and thus granted a waiver of recovery of the loan guaranty indebtedness.

The Board has determined that the veteran's cause of death, non-small cell carcinoma of the lung, was not caused by or a result of any service-connected disability. The evidence did not show exposure to Agent Orange in service and thus the presumptive provisions for such exposure do not apply.

The Board finds that the veteran's psoriatic arthritis was not incurred in or aggravated by active service and may not be presumed to have been incurred in such service.

The Board denied service connection for shin splints and earaches, finding that the evidence did not establish a link between these conditions and active service.

The veteran's decreased visual acuity in the left eye is not deemed to be due to carelessness, negligence, or similar fault on the part of VA medical personnel during treatment for a laceration in February 1994. The Board denied compensation benefits under 38 U.S.C.A. § 1151.

The Board has determined that the issue on appeal requires additional development and must be remanded for a medical examination to determine if the veteran's current residuals of sub-total gastrectomy and/or chronic ulcer are causally related to his period of active military service.

The Board denied the veteran's claims for service connection for post traumatic stress disorder and a compensable rating for bilateral hearing loss due to insufficient evidence of combat exposure or verified in-service stressors.

The Board has granted service connection for digestive disability and impotency, with a rating of 60 percent effective August 28, 1998. The issue of TDIU prior to August 28, 1998 is also granted.

The veteran's claim for an increased rating for her service-connected post-operative residuals of status post fractures of L2 and L3 with deformity of the third vertebral body is being remanded due to the need for further examination and medical opinions.

The veteran's claim for service connection for a gastrointestinal disorder is being remanded due to the need for further examination and evaluation.

The Board has determined that the veteran's claimed conditions, including peripheral vascular disease and coronary obstructive pulmonary disease, are not service-connected as secondary to his service-connected diabetes. The evidence does not support a finding of service connection for these conditions.

The Board denied the veteran's claim for an earlier effective date of December 4, 1998 for a total rating for compensation based on individual unemployability due to service-connected disabilities. The RO correctly assigned this date as both the date of receipt of claim and the date entitlement arose.

The veteran's claim for non-service connected pension benefits was denied as he did not meet the service requirements due to less than 90 days of active wartime service and discharge or release from such service for reasons other than a service-connected disability.

The Board found no competent medical evidence linking the veteran's currently diagnosed alcohol-induced chronic relapsing pancreatitis to service or any incident of service, and thus denied his claim for service connection.