Other conditions Board decisions

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is granted as her right eye disability, resulting from surgeries performed at the Richmond, Virginia VA Medical Center in 1984, qualifies due to a direct service connection.

The Board found that the appellant's bad conduct discharge due to desertion is a bar to entitlement to VA benefits, including health care benefits.

The veteran's appeal is dismissed due to his death.

The VA determined that the veteran's sacroiliac strain, currently rated at 20 percent, does not warrant a higher rating based on current symptoms and examination findings.

The Board denied the veteran's child, S., an apportioned share of the veteran's VA disability pension benefits because the custodian of the veteran's son has annual income exceeding the maximum allowable death pension rate for a surviving spouse and child.

The veteran's marriage to the appellant does not meet the eligibility requirements for Dependency and Indemnity Compensation (DIC) due to it being less than one year after his separation from service.

The Board has determined that the veteran's claims for service connection for a nervous condition (Panic Disorder Without Agoraphobia) and a personality disorder are not well grounded. The evidence does not establish a link between these conditions and his active service.

The Board found that the veteran's paroxysmal paralytic myoglobinuria, which has remained benign and stable for over 40 years, does not warrant a rating in excess of 30 percent.

The Board of Veterans' Appeals found that the veteran's current bilateral leg disorder was incurred in service, and granted his claim for service connection.

The Board has determined that the veteran was on active duty for the six-day period beginning on May 1, 1994, and therefore service connection is warranted for the residuals of a right bi-malleolar fracture and of a hemopneumothorax sustained in the May 3, 1994, motor vehicle accident.

The Board denied service connection for dizziness, sexual dysfunction, and visual impairment as they were not shown to be related to active service or the Persian Gulf War. The veteran's current conditions have been attributed to known diagnoses.

The Board denied an increased rating for thoracic spine strain, finding that the current 10% disability rating adequately reflects the veteran's symptoms and limitations.

The Board found that recovery of the overpayment was not waived due to fraud, misrepresentation or bad faith. The veteran's income and net worth were considered too high for him to be awarded pension benefits.

The veteran's defective hearing is found to be a result of military service, and the Board grants service connection for this condition.

The veteran's squamous cell carcinoma of the tongue is not due to service or presumed exposure to Agent Orange, and therefore denied.

The Board has granted service connection for the extraction of teeth numbers 1, 2, and 32 due to trauma during service. Service connection was denied for teeth numbers 29 and 30, and eligibility for outpatient treatment of tooth number 31 is also denied.

The Board found that the appellant had a willful intention to seek an unfair advantage, which precluded consideration of a waiver under the principles of equity and good conscience.

The Board has denied the veteran's claim for an increased rating for his service-connected gastritis with hepatocellular dysfunction due to infectious hepatitis, as there is no evidence of more than minimal liver damage or disabling gastrointestinal disturbances.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for spondylolisthesis, which was previously denied in October 1991. The reopened claim is well-grounded.

The veteran's request for a personal hearing before the Board has been scheduled, but he requested to be rescheduled for a travel board hearing instead. The case is being remanded due to this scheduling issue.