Other conditions Board decisions

The Board determined that the veteran forfeited all rights, claims, and benefits under all laws administered by VA (except laws pertaining to insurance benefits) due to knowingly submitting false documentation in support of his claim for additional educational benefits.

The VA denied the veteran's claim for an increased rating for his service-connected residuals of a fracture of the right ring finger, finding that the disability did not meet the criteria for a compensable evaluation.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the tongue, finding that it was not incurred in or aggravated by service and is not related to any incident of service. The appeal regarding Dependents' Educational Assistance under 38 U.S.C., chapter 35 is also denied.

The Board has determined that the veteran's service-connected bilateral metatarsalgia and callosities of the left foot do not warrant an increased evaluation beyond the current ratings.

The veteran's service-connected left femur fracture is currently productive of moderate hip and knee disability, warranting a 20% evaluation.

The Board has denied the veteran's claim for service connection for emphysema, finding that it was not incurred or aggravated during his military service and is not otherwise related to service. The change in law regarding tobacco use in service also precludes service connection for nicotine dependence or the residuals of smoking.

The Board of Veterans' Appeals (BVA) has denied the veteran's claim for an increased disability evaluation for his ventral incisional hernia, currently rated at 20 percent. The BVA found that the evidence did not support a higher rating as the veteran's hernia is small and operable.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment extending from June 1992 to December 1997 due to lack of legal basis and failure to provide notice.

The Board has granted secondary service connection for an acquired psychiatric disorder, which was aggravated by the veteran's service-connected bilateral knee disabilities. The issues of increased ratings for his right and left knee disabilities remain pending.

The Board has determined that the veteran's left eye disability, which includes tearing and drooping of the eyelid, is a residual of a shrapnel wound to the left cheek sustained during active service. The Board found that this relationship was reasonably related to his military service.

The Board found that the veteran's VA disability compensation benefits were properly reduced to a 10 percent rate, effective on the 61st day of his incarceration for a felony conviction. The payments to which he was entitled while incarcerated as of the 61st day of incarceration were reduced to that comparable to a 10 percent rating.

The veteran's pulmonary alveolitis and fibrosis have not met the criteria for a higher rating than 60 percent, as they do not demonstrate severe impairment of health or marked impairment of bodily vigor producing total incapacity.

The Board denied the veteran's claim for an increased evaluation higher than 10 percent for his service-connected imbalance with nonlocalizing nystagmus, finding that the evidence did not support a rating higher than 10 percent.

The Board has waived the recovery of an overpayment of $3,494.20 due to undue economic hardship and other equitable considerations.

The veteran's appeal is being remanded to the RO for further development, including a VA dental examination and consideration of his claim.

The Board has reopened the claim for service connection due to new and material evidence, but finds that the acquired psychiatric disorder (schizoaffective disorder) was not incurred in active service.

The Board has determined that the veteran's right ankle disability, which is service-connected for an avulsion fracture of the posterior malleolus, does not warrant a rating in excess of 20 percent.

The veteran's duodenal ulcer with gastritis is currently evaluated at 20 percent and the appeal for an increased rating has been denied.

The Board denied the veteran's claim for service connection for laryngeal cancer due to herbicide exposure, finding no evidence linking his condition to his military service.

The VA has determined that the veteran does not have active malaria or filariasis, and therefore, no compensable ratings are warranted for these conditions.