Other conditions Board decisions

The Board is remanding the case to obtain additional medical records and review the claim for service connection of a prolapsed rectum. The decision will be determined based on whether new evidence has been submitted to reopen the claim.

The appellant's service-connected disabilities have essentially disappeared due to bilateral below-the-knee amputations in 1967. He currently receives compensation for radiation proctitis and special monthly pension benefits. His combined service-connected rating is 60 percent, which does not meet the criteria for a TDIU based on his nonservice-connected conditions.

The Board denied the veteran's attempt to reopen his claim for service connection due to a disability manifested by inflammation of the rectum with benign neuroma, finding that no new and material evidence had been submitted.

The Board has granted the appellant's request for waiver of an overpayment of improved death pension in the amount of $21,048. The decision concludes that repayment would result in undue hardship due to the appellant's financial situation.

The Board found no current disability of the hips and denied the claim for service connection for a bilateral hip disorder secondary to service-connected low back strain.

The Board found that the January 1983 rating decision denying service connection for excision of glass from the left foot was not clearly and unmistakably erroneous (CUE). The evidence at the time did not support a finding of aggravation or new condition during service.

The Board found that the veteran's service-connected conditions did not cause his death, and thus denied claims for service connection for the cause of death and DIC benefits.

The Board denied the appellant's requests for waivers of recovery of overpayments of death pension benefits in amounts of $638.00 and $2,515.00 due to the failure to timely file the requests.

The Board has determined that the veteran's fatal lung cancer may be presumed to have been incurred in service, warranting service connection for the cause of his death.

The appellant's service is not recognized, and therefore they do not meet the basic eligibility requirements for VA benefits.

The veteran's claims for temporary total evaluations based on outpatient surgery in October 1999 were denied as the evidence did not meet the criteria for either a hospitalization or convalescence.

The appellant is not entitled to accrued dependency and indemnity compensation benefits as his mother's claim was denied due to a lack of timely filing.

The overpayment of VA improved pension benefits in the amount of $1,048 was waived due to fault on the veteran's part and hardship caused by the issuance of a supplemental check.

The veteran's service as a Philippine Scout from May 1946 to February 1949 has been verified by the service department. However, his service does not qualify him for nonservice-connected disability pension benefits due to it being considered inactive military service.

The Board denied the veteran's claim for service connection for a varicocele, finding that new and material evidence had not been submitted to reopen the claim. The case was remanded multiple times due to various issues including medical opinions regarding potential causes of the condition.

The Board denied the appellant's application to reopen her claim that her former spouse's military service during World War II established basic eligibility for VA benefits, finding no new and material evidence.

The Board has determined that the appellant's diagnosed myelofibrosis/agnogenic myeloid metaplasia is related to his in-service exposure to herbicides, specifically Agent Orange. As such, service connection for this condition is granted.

The veteran's request for reimbursement or payment of private medical services provided during his hospitalization at Desert Samaritan Hospital on September 4, 1999 is pending and requires further action by the RO.

The Board found that the veteran's knee conditions do not meet or approximate the criteria for a higher evaluation, as there is no evidence of arthritis, recurrent subluxation, lateral instability, or significant functional loss due to pain and crepitus. The RO had previously granted service connection and assigned initial 20% ratings.

The Board has granted an increased rating to 20 percent for the appellant's duodenal ulcer disease, which was previously rated at 10 percent. The claim remains in appellate status as less than the maximum available benefits have been awarded.