Other conditions Board decisions

The Board has determined that the appellant does not have valid service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are not considered veterans for purposes of VA benefits and their claim is denied.

The Board denied an increased disability rating for service-connected pterygium of both eyes, finding that the veteran's visual acuity was corrected to 20/25 bilaterally and did not meet the schedular criteria for a compensable rating.

The Board denied the veteran's claim for service connection for a gastrointestinal disorder, to include a hiatal hernia, either on a direct basis or secondary to a nervous disorder.

The veteran's claim for a compensable rating for residuals of frozen feet from May 5, 1992 to January 11, 1998 was granted.,The veteran's claims for ratings in excess of 20 percent for residuals of cold injury to the right and left feet from January 12, 1998 were also granted.

The veteran's claim for an increased evaluation for chronic right epididymitis is being remanded due to unclear disability picture and need for a medical opinion from a VA urologist who reviews the entire record.

The Board found that the veteran's malaria did not meet the criteria for a higher rating or restoration of his previous 10 percent disability rating from December 20, 1993 to September 1, 1995.

The Board dismissed the appeal because the appellant died before the decision could be made.

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

The Board denied the appellant's request for waiver of overpayment of death pension benefits because it was not filed within 180 days after notification of the indebtedness.

The Board found that the veteran's left eye disorder was not incurred in or aggravated by his period of active service.

The Board denied both claims for service connection for the cause of the veteran's death and Dependents' Educational Assistance under Chapter 35 of the U.S.C. due to a lack of medical evidence linking the veteran's conditions to his service or service-connected disabilities.

The Board found that the overpayment of improved death pension benefits was properly created due to the appellant's failure to report her increased net worth, leading to termination of her pension and creation of an overpayment. The RO's Committee on Waivers denied a waiver request for recovery of this overpayment.

The Board has determined that the veteran's claims for service connection for a chronic lung disorder and a sinus disorder secondary to excoriated lesions of the arms and legs are not well-grounded. The VA has also denied an increased evaluation for the veteran's service-connected excoriated lesions of the arms and legs.

The veteran's substantive appeal was received in a timely manner, and his appeal of the May 1995 rating action is granted.

The Board denied the veteran's claim for service connection for spina bifida occulta, finding no new and material evidence to reopen the claim. The decision also noted that the veteran had a back disorder prior to service.

The Board found that the veteran's claim for an effective date prior to December 1, 1997, for spousal allowance benefits was denied because there is no written documentation of his notification of his second marriage within a year of the event. The earliest effective date for compensation payments is set at December 1, 1997.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disability was denied as his back condition alone does not result in marked interference with employment.

The Board has determined that the veteran's claims for service connection for residuals of pneumonia and residuals of a fat embolism are not well-grounded, as there is no medical diagnosis of current disabilities or a link to service.

The veteran's right elbow disability required a temporary total evaluation for convalescence following May 1998 surgery. The evaluation was extended through August 31, 1998.

The Board has determined that there was clear and unmistakable error in reducing the veteran's disability evaluation for Osgood-Schlatter's disease from 10% to zero percent, effective November 2, 1954. The decision grants the veteran a restored 10% disability rating.