Other conditions Board decisions

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence to support a link between his cancer and service or exposure to Agent Orange.

The Board denied the appellant's request for waiver of overpayment in death pension benefits due to her failure to accurately report her income, which was considered bad faith.

The Board has determined that the veteran's claims for increased evaluations of his gunshot wound residuals to the right calf and thigh have been denied as there is no evidence supporting an increase in disability ratings.

The VA denied the veteran's claims for service connection for a skin disability and loss of muscle control as secondary to exposure to Agent Orange.

The Board has denied the veteran's claim for service connection for a total vaginal hysterectomy, finding that there is no evidence linking her current condition to her military service. The issue of recoupment of separation pay from VA disability benefits remains pending.

The veteran's failure to report his wife's income led to an overpayment of improved disability pension benefits. The Board found the appellant guilty of bad faith in creating this overpayment and denied waiver of recovery.

The Board denied the veteran's request for a waiver of overpayment of VA benefits, finding that recovery was not against equity and good conscience.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for a right leg disability, as the evidence does not demonstrate an association between the claimed disability and service.

The appellant's son died of a spinal cord tumor, not spina bifida. The Board denied the claim as there is no evidence of spina bifida and the effective date for benefits under 38 U.S.C.A. § 1805 cannot be prior to October 1, 1997.

The veteran's claim for an increased disability rating for his service-connected residuals of injury to the right testicle, status post orchiectomy, with compensatory hypertrophy of the left testicle is being remanded due to a need for additional development including obtaining medical records and scheduling a VA examination.

The Board denied an increased disability rating for PTSD rated as 30 percent disabling prior to September 6, 1996.

The Board found that the June 1987 rating decision contained clear and unmistakable error in determining that new and material evidence had not been submitted to reopen a claim of service connection for a nervous disorder. The veteran's claim should be reopened.

The veteran's right acromioclavicular separation was not caused by VA treatment, but rather occurred during transportation to a VA Medical Center. As such, the requirements for compensation under 38 U.S.C.A. § 1151 are not met.

The VA has determined that the veteran's degenerative joint disease of the first metatarsal phalangeal joint, bilaterally, warrants a 10 percent evaluation. The condition is currently rated as 10 percent disabling.

The Board has granted a 30 percent rating for the residuals of shell fragment wound, left thigh, muscle group XIV. The claim for service connection for arthritis, left femur is denied as there is no evidence of arthritis within one year of separation from service and it is not shown to be related to the inservice injury.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of service in the United States Armed Forces.

The appellant's service with the New Philippine Scouts does not qualify them for nonservice-connected disability pension benefits.

The Board has remanded the case for further development, including a VA examination to assess the current nature and degree of severity of the service-connected chronic venous insufficiency of the right leg. The veteran's claim for separate disability evaluations for varicose veins and phlebitis is also being considered.

The Board has found new and material evidence to reopen the claim of service connection for post-operative residuals of meningioma, which was previously denied in 1986. The veteran's claim is now reviewed de novo.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C. 1151 as his claimed loss of energy, nervousness and impotence were not shown to be caused by VA medical treatment.