Other conditions Board decisions

The Board found that a back disorder was not incurred in or aggravated by service, arthritis of the spine may not be presumed to have been incurred in service, and a back disorder was not proximately due to or the result of a service-connected disability. The simple chip fracture of the right foot did not meet the criteria for a 10% rating.

The veteran's widow submitted claims for accrued benefits based on unreimbursed medical expenses, but the claim was denied as there were no pending claims at the time of his death and the expenses could not be predicted or anticipated.

The Board has remanded the case for further development and consideration due to issues related to service connection for a right inguinal hernia.

The Board granted a waiver of recovery for an overpayment of disability pension benefits, finding that the veteran's failure to report his wife's income contributed to the creation of the debt and that repayment would cause undue financial hardship.

The Board denied the veteran's claim of service connection for left ear disability, finding that the October 1970 rating decision was not clearly and unmistakably erroneous.

The Board has denied the veteran's claim for service connection for narcolepsy, finding no current diagnosis of the disorder and ruling out a diagnosis of narcolepsy based on recent VA examination.

The Board has denied the veteran's claim for service connection for residuals of a head injury, finding that there is no current disability related to his military service and noting that any scars are related to a period of dishonorable service.

The Board denied the veteran's claim for service connection for residuals of colon cancer, finding that there was no evidence of a current disability during or within one year after service and no competent medical evidence linking the condition to service. The Board also noted that the presumptive provisions for herbicide exposure did not apply in this case.

The veteran's service-connected residuals of prostatectomy with impotence was granted a 100 percent evaluation effective May 31, 2001.

The Board denied the appellant's claim for reconsideration of the forfeiture of VA benefits, finding that no new and material evidence had been submitted to reopen her claim.

The veteran's right toes injury resulted in a moderate foot disability, which was initially rated at 10 percent and later increased to 20 percent effective from April 8, 2003.

The VA determined that the veteran's duodenal ulcer disability is currently rated at 20 percent, which is in line with the criteria for a moderate disability. The evidence did not show symptoms severe enough to warrant an evaluation higher than 20 percent.

The VA denied a compensable evaluation for postoperative epigastric hernia, finding no residual disability.

The Board granted a 100% rating for dysthymic disorder effective August 25, 2000. The veteran's claim was originally filed in December 1997 and the effective date is based on when her disability became total.

The Board found that the veteran's service-connected residuals of colon cancer and cholecystectomy have remained asymptomatic over the appeal period, warranting a non-compensable evaluation.

The Board has granted the veteran's appeal, finding that the overpayment of Chapter 31 benefits was due to sole VA error and thus not properly created. The veteran is entitled to a waiver of recovery.

The Board denied the veteran's claim of service connection for primary sclerosing cholangitis, which he claimed was secondary to radiation exposure. The evidence did not support a finding that PSC is related to military service or any service-connected condition.

The Board has remanded the case for additional development due to inadequate VCAA notice and for a VA medical opinion regarding the appellant's mental state during service.

The Board denied the veteran's claim for service connection for primary sclerosing cholangitis, which he claimed was secondary to radiation exposure. The case is being remanded due to inadequate VCAA notice.

The Board has determined that the veteran's bilateral foot disorder is attributable to his service in the military, and thus grants service connection for this condition.