Other conditions Board decisions

The Board denied an increased rating for the veteran's service-connected left shoulder disability, which was rated at 20 percent. The appeal is based on a personal hearing and additional development.

The VA has granted a 30% rating for the veteran's service-connected gastritis with duodenitis and hiatal hernia with esophagitis, which includes recurrent esophageal reflux, frequent regurgitation, and shoulder pain.

The Board denied service connection for shortening of the left lower extremity, but granted it as part of a previously service-connected disability. The veteran's attorney is not entitled to any fees from past-due benefits due to the limited scope of representation and the lack of final decisions on other issues.

The veteran's claim for an increased rating for residuals of a torn left forearm muscle was denied as the veteran failed to report for a scheduled VA examination without good cause.

The VA denied an increased disability evaluation for the veteran's service-connected left knee disability, but granted a separate 10 percent rating for arthritis of the left knee. The veteran's current disability is rated as 30 percent disabling.

The Board has determined that recovery of the overpayment at issue would not violate the principles of equity and good conscience, given the veteran's inability to repay the debt due to his limited income and expenses. The decision grants waiver of recovery of the improved disability pension indebtedness in the amount of $2,780.

The Board denied the appellant's request for an extension of his delimiting date for Dependents' Educational Assistance due to physical disability, as there was no legal basis for the claim and the appellant did not provide evidence that he suspended his educational program.

The VA determined that the veteran's service-connected defective hearing in his left ear does not warrant a compensable evaluation.

The Board denied the veteran's claim for an increased evaluation of his left knee disability, finding that the evidence did not support a rating in excess of 30 percent.

The Board denied the veteran's claim for a compensable initial rating for residuals of excision of epidermal inclusion cysts of the lower sternum and right anterior chest, finding that he did not meet the criteria for a compensable rating based on his scars.

The Board denied the veteran's claim for service connection for residuals of a head injury, including residuals of a fractured right zygomatic arch, finding no evidence of current disabilities related to his in-service injuries.

The VA determined that the veteran's maxilla fractures did not result in any functional impairment and his bone loss was due to periodontal disease. The VA concluded that he does not have an exceptional disability picture with related factors such as marked interference with employment or frequent periods of hospitalization, thus denying his claim for a compensable rating.

The Board granted service connection for right patellofemoral syndrome and assigned a 10 percent evaluation, which remains in effect.

The Board denied the veteran's claims for service connection for Crohn's disease and a compensable evaluation for right ear hearing loss, finding that new evidence did not warrant reopening of the Crohn's disease claim and that the right ear hearing loss was not compensably disabling.

The Board found that the veteran's lung disorder, noted many years after service, is not related to exposure to asbestos or any other incident during service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Dependents' Educational Assistance, finding that there was no reasonable possibility that the veteran's Waldenstrom's macroglobulinemia could be attributed to exposure to ionizing radiation in service.

The Board denied the veteran's claim for service connection for the cause of his death on a radiation exposure basis, finding that there was no evidence to support this claim.

The veteran's death prevented an award of accrued benefits based on the difference between VA compensation and military retirement pay. However, there is a reasonable doubt regarding whether the veteran was entitled to $446 in November 1995 due to his service-connected disability. The case remains pending for determining entitlement under 38 U.S.C.A. § 1114(s).

The Board denied the claim as new and material evidence was not submitted to reopen a previously denied claim for basic eligibility for VA benefits.

The veteran does not meet the basic eligibility requirements for nonservice-connected pension benefits as he did not serve 90 days or more of active duty during a period of war, and was discharged due to receiving disability compensation rather than a service-connected disability.