Other conditions Board decisions

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a right orchiectomy.

The Board has ordered further development due to pending evidence and procedural issues. The case is now remanded for additional development at the RO level, including obtaining medical records from the VA Medical Center in Memphis and scheduling a VA examination.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The veteran's claim for an increased rating for paronychia and lymphangitis of the left middle finger is being remanded due to a lack of proper notification period.

The Board denied the veteran's claim of entitlement to service connection for a chronic acquired right eye disorder, finding that no current acquired right eye disability was identified except for myopia. The issue is referred back to the RO for further action on the evaluation of the veteran's mechanical low back pain with bilateral radicular symptoms.

The Board is remanding the case due to VCAA notice deficiencies and scheduling a video conference hearing for the veteran.

The Board denied the veteran's claim for an evaluation in excess of 30 percent for his service-connected residuals of respiratory cancer, finding that the evidence did not meet the criteria for such a rating during the period from August 1, 1998 to September 29, 2002.

The Board has determined that the appellant does not have a current gastrointestinal disability or partial depigmentation of the left chest area and left arm, and there is no evidence linking these conditions to service. The claim for residuals of a cold injury to the left hand was previously denied and new and material evidence has not been received.

The Board has remanded the case due to procedural deficiencies in notifying the veteran of his rights under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is entitled to an increased evaluation for additional right eye disability, currently rated at 30 percent.

The veteran is not entitled to a retroactive payment of VA compensation benefits for the period from April 1994 to May 2000.

The Board has granted a separate 10 percent evaluation for ptosis of the left eye, which is related to the original blowout fracture and directly due to enophthalmos. The veteran's ptosis approximates moderate disfigurement of the face.

The Board found that the veteran's pre-existing left foot injury was not aggravated by service, and therefore denied his claim for service connection.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for a bilateral eye disorder, including optic atrophy with horizontal nystagmus, claimed as secondary to herbicide exposure. The VA will now proceed to evaluate the merits of this claim.

The Board has denied the appellant's claim for Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C.A. § 1318 due to procedural changes and an interpretive ruling.

The Board has determined that the appellant did not have qualifying service in the United States Armed Forces, as certified by the National Personnel Records Center (NPRC), and therefore does not meet the requirements for basic eligibility for VA benefits.

The Board denied the appellant's requests for waiver of recovery of overpayments totaling $3,537.00 due to her failure to timely file a request within 180 days of notification.

The Board denied the veteran's request for a waiver to recover an overpayment of pension benefits, finding that repayment would not be against equity and good conscience due to the veteran's fault in creating the debt.

The Board denied the appellant's claim for improved death pension benefits as her income exceeded the statutory limits.

The Board has granted an effective date of May 19, 1992 for the assignment of a separate 10 percent rating for a scar on the right index finger. The veteran's claims for increased ratings and service connection are still pending.

The Board found that the overpayment of VA improved pension benefits was properly created due to the veteran's acceptance of payments at a level he knew he was not entitled to receive, and thus concluded that the debt was valid.