Other conditions Board decisions

The veteran is seeking a higher rating for his service-connected residuals of a fracture of the right olecranon with limitation of motion. The case has been remanded to allow for additional development and consideration.

The veteran's claim for an increased rating of his service-connected antral gastritis is being remanded due to outstanding medical records and the need for a new VA examination.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for peptic ulcer and gastritis, as a 'stomach condition,' was denied due to lack of evidence linking these conditions to his military service.

The Board found that the veteran's failure to report all income sources, including from the Girl Scouts, resulted in an overpayment of VA pension benefits. The veteran is not considered to have acted with fraud, misrepresentation, or bad faith in creating this debt. However, repayment would be against equity and good conscience due to the fault on the part of the veteran, his lack of undue hardship, and unjust enrichment.

The Board has determined that the appellant's claim for basic eligibility for VA benefits is denied because there is no verified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has ordered further development due to pending evidence and procedural issues. The case will be returned for additional consideration.

The Board denied the claim for service connection for the cause of the veteran's death, finding that while he was presumed to have been exposed to herbicides during his service in Vietnam, there is no evidence showing a direct link between his colon cancer and his military service. The appellant argued for lung cancer as the primary site of the cancer, but the Board found insufficient medical evidence to support this claim.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the Regional Office (RO) for obtaining medical records and conducting a VA examination.

The Board has granted a waiver of recovery for the overpayment of nonservice-connected disability pension benefits in the amount of $36,983 due to undue financial hardship.

The Board denied the veteran's claim for an increased rating for deep venous thrombosis of the right leg, finding that the evidence did not warrant a higher rating.

The veteran is seeking an earlier effective date for the grant of service connection for residuals of frozen feet with nerve end damage. The Board has determined that additional development is necessary to ensure compliance with the VCAA.

The veteran's claim for an increased evaluation for osteomyelitis of the left leg was denied by the RO, and the Board has remanded the case to allow for further development.

The Board denied the motion for revision of a July 1983 decision finding that the veteran's death was due to his own willful misconduct, concluding there was no clear and unmistakable error.

The Board has determined that the veteran's current mild diverticular disease is more likely than not related to service, and thus grants service connection for a colon disorder.

The Board denied the appellant's claim for service connection for the cause of her husband's death, stating that there was no evidence linking his cause of death to his period of service.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board denied the veteran's claim for a compensable rating for his service-connected postoperative residuals of a perirectal abscess, finding that the evidence did not support a finding of either constant slight or occasional moderate leakage.

The Board denied the appellant's claim for retroactive accrued benefits, finding that he had not provided evidence of expenses incurred in his father's last sickness and burial.

The Board is remanding the case to determine if the appellant meets the basic eligibility criteria for service connection and burial benefits, given her marriage to the veteran. The appeal will be considered in light of both DIC (38 U.S.C.A. § 1310) and 38 U.S.C.A. § 1318.

The Board of Veterans' Appeals has denied the appellant's claim for basic eligibility for VA disability benefits due to a lack of required military service.