Other conditions Board decisions

The appellant's request for waiver of overpayment of DEA benefits was denied because it was not received within the required 180-day period following notification of indebtedness.

The Board has determined that the veteran's claim for an increased evaluation for his psychophysiologic gastrointestinal disorder is denied as there is no evidence of an increase in disability.

The Board denied the appellant's request for a waiver of recovery of an overpayment of Dependents' Educational Assistance (DEA) benefits because it was not timely filed.

The Board has determined that the veteran's varicose veins warrant a 10 percent rating from June 1996 to January 1998 and a 20 percent rating since January 1998.

The Board has granted higher initial ratings for service-connected residuals of a stress fracture of the calcaneal bone of the left foot and residuals of a non-displaced fracture of the distal one-third of the second metatarsal with callus formation of the right foot, both rated at 10%.

The Board denied the veteran's claims for service connection for a heart valve disorder and for increased ratings for anemia and rotator cuff impingement and tendonitis of the right shoulder. The decision found that there was no evidence of a heart valve disorder during the initial period of active duty, and that any current condition is not related to service. For the compensable rating claim, the Board determined that the veteran's anemia did not meet criteria for compensation under applicable regulations. For the increased rating claims, the Board concluded that the disability was not shown to have worsened beyond what would be expected from natural progression of the disease.

The Board denied the veteran's claims for a compensable rating for Hodgkin's lymphoma from September 27, 1993 to September 21, 1995 and since September 22, 1995. The criteria for both periods did not meet the schedular requirements.

The veteran's bilateral varicose veins are rated at 30 percent, but the RO proposed to reduce this rating. The Board has restored the original 30 percent evaluation for her bilateral varicose veins. Other claims related to GERD with gastritis and a psychiatric disorder have been addressed.

The Board found that the appellant's actions did not constitute fraud, misrepresentation, or bad faith. Therefore, recovery of the overpayment was allowed as it would not violate principles of equity and good conscience.

The Board denied service connection for deep vein thrombosis of the left leg, finding that there was no evidence linking it to service or a service-connected condition.

The Board denied the claim for service connection for the cause of the veteran's death based on exposure to herbicide agents used in Vietnam, finding that there was no competent medical evidence linking any condition to service or to Agent Orange exposure.

The Board has determined that the veteran's residuals of fasciotomy, fascia lata, right hip meet the criteria for a 30 percent evaluation under the amended rating criteria effective July 3, 1997.

The Board found no credible supporting evidence of the claimed in-service stressors, and thus denied service connection for PTSD. Service connection for coronary artery disease was not well grounded.

The Board found that the veteran's claims for service connection were not well grounded due to lack of objective evidence of a chronic disability related to undiagnosed illnesses.

The Board of Veterans' Appeals (BVA) has determined that the appellant's brother did not have valid military service for purposes of eligibility for VA benefits, and thus the appellant is ineligible for VA benefits.

The Board denied an increased rating for post-traumatic arthritis of the right hand, currently evaluated at 30 percent.

The veteran's appeal for an increased rating for dermatophytosis was dismissed as no allegation of error in fact or law was set forth by the veteran in a substantive appeal.

The Board denied the veteran's claim for a permanent and total disability rating for pension purposes, concluding that there was no evidence supporting his unemployability. The veteran is now seeking to have this decision revised on grounds of clear and unmistakable error (CUE).

The veteran's claim for service connection for varicose veins of the left leg as secondary to his service-connected right leg varicose veins was denied because there is no competent medical evidence linking the left leg condition to his service-connected right leg condition.

The Board has determined that the veteran's claims for service connection for chest pains and gastrointestinal disability are not well grounded. The claim of entitlement to an evaluation in excess of 20 percent for chondromalacia patella of the right knee is denied, as there is no evidence showing a current disability related to active service. The claim of entitlement to an evaluation in excess of 10 percent for biliary dyskinesia status post cholecystectomy remains pending.