Other conditions Board decisions

The Board found that the appellant was at fault in creating an overpayment of pension benefits and denied a waiver request.

The Board found that the veteran does not have residuals of a gunshot wound, right lower leg attributable to military service or any incident of active duty.

The Board has determined that the veteran's left forearm/elbow disability does not warrant an evaluation in excess of 30 percent, as his flexion is limited to approximately 100 degrees and extension is within normal limits. The RO previously assigned a 20% rating based on limitation of motion.

The VA has determined that the veteran's postoperative residuals of a pilonidal cyst do not warrant a rating higher than 10 percent.

The Board has found new and material evidence to reopen the veteran's claim of entitlement to service connection for disability of the right leg. The VA primary care physician provided an opinion suggesting that the veteran's current right leg condition is related to a shrapnel wound incurred during his military service.

The Board denied the appellant's claim for VA death benefits as her deceased spouse did not have recognized military service in the Armed Forces of the United States.

The veteran withdrew his appeal to reopen his previously denied claim for entitlement to service connection for a skin disorder associated with exposure to Agent Orange.

The Board granted an increased rating of 20 percent for the veteran's rheumatological disorder consistent with lupus, effective October 2000. The claim for a higher rating for carpal tunnel syndrome was partially granted, with a 10 percent rating assigned since December 13, 2002, and no compensable rating before that date.

The veteran seeks service connection for a prostate disability, which he claims first arose during his military service. The VA is required to obtain and review any missing service medical records and ensure that all relevant treatment records are obtained. A VA examination is needed to determine the nature and etiology of any current prostate disability.

The Board denied the appellant's claim for an earlier effective date for payment of death pension, finding that no document prior to June 13, 2002 could be interpreted as a claim for VA death benefits. The veteran died on March [redacted], 2002, and the claim was received by the appellant on June 13, 2002.

The Board found that the cause of death, congestive heart failure, did not have its onset in service or was related to the veteran's period of service in the 1940s, including his internment as a POW. Therefore, service connection for the cause of death is denied.

The Board denied the appellant's claim for basic eligibility for VA compensation benefits, finding that new and material evidence had not been submitted to reopen his previous claims.

The Board denied the claimant's eligibility for VA compensation benefits as there was no recognized service with the US Armed Forces, and new evidence did not meet the criteria to reopen the case.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left varicocele, which was previously denied in May 1945. As such, the claim is now reopened.

The Board denied the veteran's claim for waiver of recovery of a VA loan guaranty indebtedness due to his actions constituting bad faith, which precluded consideration of the debt.

The Board found that the veteran's left upper extremity disability, which was previously rated at 30 percent, should be rated at 40 percent due to a change in how handedness was determined. The decision is based on clear and unmistakable error (CUE).

The Board denied the veteran's claim for service connection for a nervous disorder, concluding that the pre-existing condition manifested during service was not aggravated by service and thus not service-connected.

The veteran's claim for an increased rating for residuals of shrapnel wound to the head with post-traumatic cerebral syndrome is being remanded due to the need for additional VA examinations and development of his claims folder.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and any relevant employment compensation records.

The Board denied service connection for a skin disorder, left foot injury, right thumb injury, and PTSD. The veteran's claims were based on presumed exposure to herbicide agents (Agent Orange), but the evidence did not support a finding of a current disability related to these conditions.