Other conditions Board decisions

The Board found that the veteran's cause of death was due to complications from plasmacytoma, but did not meet the criteria for service connection as it occurred more than one year after separation from service.

The Board has granted an increased evaluation of the veteran's hypotensive lower esophageal sphincter with distal esophagitis to 30 percent, effective from August 1994. The claim for service connection for irritable bowel syndrome remains pending.

The Board has remanded the case due to conflicting opinions about whether medications prescribed by VA caused or aggravated the veteran's gastrointestinal disability, and for compliance with the Veterans Claims Assistance Act of 2000.

The Board granted service connection for Crohn's Disease effective March 31, 1994, and found that the veteran's earlier claim should have been considered as part of this grant. The decision also addressed his bilateral knee disability secondary to Crohn's disease.

The Board denied the appellant's request for waiver of recovery of an overpayment of nonservice-connected death pension benefits because it was not filed within the required 180-day period following notification of indebtedness.

The Board denied an increased evaluation for the service-connected residuals of enucleation of the left eye, finding that a 10 percent rating was appropriate based on current visual acuity in the right eye.

The veteran's SSA retirement benefits were found to be countable income for purposes of determining his eligibility for nonservice-connected pension benefits, and thus the appeal is denied.

The Board has scheduled the veteran for a hearing and is remanding the case back to the RO for further action.

The Board found that the veteran's injuries were sustained as a result of his own willful misconduct, and thus not incurred in the line of duty.

The Board denied the appellant's claim for service connection for an acquired psychiatric disorder, finding that his current mental illness is related to a personality disorder he had in-service.

The veteran's claim for recognition of L.C. as his dependent spouse for VA benefit purposes has been denied due to the legal impediment of a prior marriage.

The veteran's hip and back disabilities are determined to be the result of his VA surgical treatment, which is granted.

The Board has granted a 10% evaluation for the veteran's postoperative right breast fibroadenoma, finding that the condition is manifested by tenderness and pain over the surgical scar area.

The Board of Veterans' Appeals (Board) has determined that the appellant is not a veteran and therefore does not have legal entitlement to Department of Veterans Affairs benefits.

The Board finds that the veteran's failure to promptly notify VA of his divorce was significant fault, but also acknowledges his health issues during the period in which the overpayment was created. The balance of fault is in equipoise, and recovery of the overpayment would not be against equity and good conscience.

The Board has determined that the appellant does not have valid military service and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits.

The Board denied the veteran's claim for an increased rating for residuals of a fracture of the left clavicle, finding that the evidence did not meet the criteria for a compensable rating under the old and new VA hearing loss and ear diseases rating criteria.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a skin disorder due to Agent Orange exposure. The issue concerning service connection for a skin disorder due to Agent Orange exposure should be reviewed on a de novo basis.

The Board has determined that the veteran was exposed to Agent Orange while in Vietnam, and is considering whether his end-stage liver disease, which he claims is related to this exposure, should be granted service connection. However, due to conflicting evidence regarding the cause of his liver disease, a VA examination is needed to determine if it is at least as likely as not that the veteran's liver disease had its onset in service or is otherwise related to service.

The appellant's claim for VA improved death pension benefits as the surviving spouse of the veteran is denied because she did not meet the eligibility criteria.