Other conditions Board decisions

The veteran's son, the appellant, is not eligible for VA educational assistance because his father is not totally disabled due to a service-connected disability.

The Board denied the veteran's waiver request, finding that recovery of the overpayment would not be against equity and good conscience.

The Board has granted a waiver of recovery for an overpayment of death pension benefits in the amount of $4,016 due to the appellant's failure to report her receipt of Social Security Administration (SSA) income. The decision concludes that the appellant's actions did not constitute bad faith and that recovery would be against equity and good conscience.

The Board has granted service connection for malaria and assigned a 10% rating for degenerative disc disease of the lumbar spine with lumbosacral strain. The initial ratings for degenerative joint disease (arthritis) of the cervical spine with cervical strain, and post-operative left knee disability have also been granted.

The veteran was granted service connection for non-Hodgkin's lymphoma with a 100% rating effective from September 29, 2000. The appellant is seeking an earlier effective date.

The Board denied the reopening of the appellant's spousal recognition claim, upholding the RO in a decision issued in May 1999. The Court vacated this decision and ordered a remand due to the enactment of the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's current medial epicondylitis of the right elbow is related to his military service, and thus granted service connection for this condition. The lateral epicondylitis of the left elbow was not found to be incurred during service.

The Board denied the appellant's request for a waiver of his loan guaranty indebtedness, which was originally established due to default on a VA guaranteed loan. The debt was $12,235.43 plus accrued interest at the time of the decision.

The Board denied the veteran's request to reopen his claim for service connection of a left leg disorder, finding that the submitted evidence was not new and material.

The Board denied the veteran's claim for service connection for loss of sense of smell, finding that it was not incurred during his active military service and is not proximately due to or the result of his service-connected disability from allergic rhinitis and sinusitis.

The Board has granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) effective from March 26, 2002. The appellant is not entitled to earlier effective dates.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code due to lack of meeting service eligibility criteria.

The Board has granted service connection for chronic lymphadenopathy due to an undiagnosed illness, finding that the veteran's symptoms are attributable to her service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board denied the veteran's claim for service connection for mild bilateral eyelid retraction, finding that her eyelid problems in service were acute and transitory, and resolving without residual disability. The evidence did not show current eyelid retraction or an endocrinopathy causing it.

The Board denied the veteran's claim of entitlement to service connection for progesterone deficiency, finding that it is not a disease or disability resulting from military service.

The Board denied the veteran's claim for an initial disability rating in excess of 10 percent for post cholecystectomy syndrome, finding that her symptoms did not warrant a higher evaluation under any applicable diagnostic codes.

The Board found that the veteran's service-connected osteomyelitis did not cause or significantly contribute to his death from arteriosclerotic vascular disease, which was first diagnosed years after separation from service.

The Board has determined that the veteran's left eye diplopia does not meet or approximate the criteria for a rating higher than 30 percent, as there is no evidence of enucleation or blindness in the non-service-connected right eye.

The Board denied the veteran's claim for service connection for peripheral vascular disease of the bilateral lower extremities, including phlebitis, finding that there was no evidence linking his current condition to his period of active service.

The VA denied an increased rating for status post circumcision of the penis with subsequent infection and skin graft to the shaft of the penis, finding that it does not result in erectile dysfunction.