Other conditions Board decisions

The veteran's claim for a compensable rating for malaria is being remanded due to the need for additional development and compliance with VCAA requirements.

The Board denied the veteran's claims for service connection and higher initial ratings, finding no evidence of aggravation or secondary service connection. The preexisting left first metacarpal condition was not aggravated during active duty.

The Board denied the veteran's claims for service connection for ulcerative colitis with bleeding ulcers and spastic colon as secondary to PTSD, as well as his requests for higher ratings for PTSD and effective dates prior to October 13, 2000.

The veteran's claim for service connection for a disability manifested by a chronic cough was denied. The Board found that there is no evidence of such a condition during or after his military service.

The case is being remanded for additional development, including obtaining VA clinical records and an opinion from a physician regarding the relationship between the veteran's stomach cancer with metastases to the brain and his presumed Agent Orange exposure.

The Board has remanded the veteran's claim for an increased rating for pleural plaques due to additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied the appellant's claim that she timely filed a request for waiver of an overpayment of VA Chapter 35 educational assistance in the amount of $1,175.47, finding no evidence of a timely submission within the 180-day time limit set by regulation.

The Board is remanding the case due to procedural issues, including missing volume of claims file and potential NOD not filed. The appeal will be considered on whether new evidence has been presented to reopen service connection for cause of death and entitlement to DIC under 38 U.S.C.A. § 1318.

The Board found that the appellant's discharge from service was dishonorable and therefore a bar to VA benefits, including nonservice-connected pension benefits.

The Board is unable to determine if the claim should be reopened due to lack of notification under the VCAA, and thus remands the case for further action.

The Board found that the veteran does not have a chronic gastrointestinal disorder related to his service or a service-connected disability, and therefore denied the claim for service connection.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits, finding no new and material evidence to reopen the claim. The veteran did not have a service-connected disability at the time of his death.

The Board denied a compensable evaluation for left varicocele since July 20, 1993, finding no evidence of functional impairment or symptoms.

The VA determined that the appellant's $200,000 settlement under the Federal Tort Claims Act (FTCA) should be offset against her DIC benefits due to a failure by VA to provide adequate medical care for the veteran. The full amount of the FTCA settlement is subject to recoupment from her DIC payments.

The Board has determined that the veteran's failure to report receipt of Social Security benefits did not constitute bad faith, misrepresentation or fraud. Therefore, waiver of recovery of overpayment of $18,028.00 is granted.

The Board has granted service connection for residuals of cold injury to the ears and denied a compensable rating for residuals of a fractured little finger.

The Board denied the claim, finding that there was no credible evidence showing any additional permanent disability involving the lower extremities resulted from VA hip replacement surgeries performed in 1993 and 1996.

The Board found that the veteran does not have additional disability due to VA hospitalization or medical treatment, and concluded that the proximate cause of his bilateral eye disability was not carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The Board has determined that the veteran does not have additional disability of the right lower extremity as a result of VA treatment, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's claim for service connection for chronic residuals of yellow fever, including residuals of yellow fever immunization is denied as there is no evidence to support a diagnosis or treatment related to these conditions.