Other conditions Board decisions

The Board has determined that the veteran's malaria is inactive and does not result in any residual disability, including damage to the liver or spleen. Therefore, an increased (compensable) evaluation for residuals of malaria is denied.

The veteran's hemiparesis of the left upper and lower extremities, as well as his dysarthria, are currently rated at 10 percent each. The RO has granted these ratings.

The Board has granted an initial rating of 10 percent for residuals of surgical removal of a varicocele of the left testicle, and denied a separate compensable rating for residuals of surgical removal of a hydrocele of the right testicle.

The veteran's right elbow disability, characterized by a bone fragment and lateral epicondylitis, was granted an evaluation of 10 percent effective from February 12, 1998.

The Board has found that new and material evidence has been received to reopen the claim of entitlement to service connection for ulcerative colitis, which was previously denied in May 1968. The veteran's testimony at a hearing and private medical opinions suggest that the onset of ulcerative colitis occurred during active service.

The Board determined that the appellant was not eligible to be recognized as the veteran's surviving spouse for VA death pension benefits due to her having obtained a divorce from the veteran prior to his death.

The Board found that the May 1946, November 1946 and April 1948 rating decisions denying a compensable evaluation for a gunshot wound to the left buttock and sacral region with residual scars did not contain clear and unmistakable error. The veteran's current disability is rated at 10 percent.

The Board has determined that the veteran requires regular assistance in most aspects of daily living activities, primarily with respect to protection from hazards and mobility issues due to service-connected disabilities. The claim for SMC based on need for aid and attendance is granted.

The VA has determined that the appellant's deceased spouse had no recognized military service with the Armed Forces of the United States and therefore, the appellant is not eligible for VA benefits.

The Board has determined that the veteran's metastatic squamous cell carcinoma of the left axilla was not incurred or aggravated by active service, nor may its incurrence or aggravation during active service be presumed. The primary site of the cancer remains unknown.

The Board denied the veteran's claim to reopen his service connection for a disability manifested by a balance problem and staggering, finding that new and material evidence had not been submitted.

The Board denied the veteran's request for waiver of recovery of loan guaranty indebtedness in the original calculated amount of $10,768.70 plus interest because it was not timely filed.

The Board found that the veteran's left orchiectomy was not incurred in service and denied his claim for service connection.

The Board has granted a 10% rating for the veteran's service-connected laceration of the right hand with arthralgia, finding that his symptoms more closely approximate ankylosis than non-ankylosis.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits, finding that she bore 'a great degree of fault' in creating the debt due to her incorrect reporting of income from U.S. Civil Service.

The Board denied the veteran's request for a waiver of indebtedness due to an untimely submission, despite the veteran claiming he did not understand his right to request a waiver.

The Board denied the appellant's claim for revocation of forfeiture of benefits, finding that he knowingly submitted false or fraudulent documents in support of his VA benefit claims. The decision is based on the forgery of documents from 1945.

The case is being remanded due to the failure of the RO to adjudicate the intertwined claim for service connection for hemorrhagic gastritis. The veteran's digestive disability will be rated again, and any benefit for which a notice of disagreement has been filed must be reconsidered.

The Board found that the appellant's left sacroiliitis existed prior to service and was not aggravated by active duty. As a result, the claim for service connection was denied.

The Board found that the veteran's left shoulder and upper back disability, originally claimed as back pain, warrants a 10 percent evaluation based on slight impairment of Muscle Group II (rhomboid muscle). The veteran's complaints include chronic myofascial scapular pain with mild paraspinal spasms in the rhomboidal region, limited lateral bending on the left, and minimal forward flexion due to marked pain subjectively. A 20 percent evaluation is not appropriate as there is no evidence of moderate impairment of Muscle Group II.