Other conditions Board decisions

The Board has found no bad faith on the part of the Veteran and thus granted his waiver of recovery for the $9,372.97 debt.

The Veteran's recurrent duodenal ulcer with secondary anemia and psychophysiological gastrointestinal reaction resulted in severe occupational and social impairment, warranting a 70 percent disability evaluation. The Board also granted the claim for TDIU.

The Board has granted a 10 percent rating for Bell's palsy of the left side, effective from November 20, 2012. The Veteran previously had a compensable evaluation denied.

The Veteran died from respiratory arrest and hepatocellular carcinoma. The VA medical opinion stated that his service-connected residuals of right inguinal herniorraphies did not cause or contribute to death, nor was the cause of death related to Agent Orange exposure. Therefore, the claim for service connection for the cause of death is denied.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a chronic neurological disability of the upper and lower extremities. The Veteran's claim for fatigue is denied, as there is no medical evidence linking his current symptoms to service or service-connected conditions. The issue of entitlement to a compensable evaluation for residuals of malaria is remanded due to the receipt of a timely Notice of Disagreement within one year of the April 2009 rating decision.

The Board denied the appellant's request for a waiver of overpayment of improved death pension benefits due to her failure to file the request within 180 days after being notified of the overpayment.

The Board has granted service connection for HIV, finding that it was incurred during an in-service personal assault. The issues of a rating in excess of 100 percent for service-connected seizures and service connection for plantar fasciitis and bilateral ankle disability are remanded.

The VA determined that there is no current diagnosis of residuals from an ear infection, and thus cannot grant service connection for this condition.

The Board found that the appellant did not meet the criteria for recognition as the surviving spouse of the Veteran for VA death benefits purposes, thus denying her claim.

The Board has reopened the claims for service connection for right eye disorder and left eye disorder, but denied the claim for service connection for an acquired psychiatric disorder. The case is remanded to obtain additional records from SSA and to schedule VA examinations.

The Board has remanded the case due to new evidence received from the National Personnel Records Center, and because the Veteran's service connection claims must be reconsidered without regard to the previous final denial. The appeal is REMANDED for further development including obtaining updated VA treatment records, arranging for a VA examination of the Veteran to determine the nature and likely etiology of any current respiratory disorder, and arranging for a neurological examination of the Veteran to determine the nature and likely etiology of his left hand ulnar nerve paralysis.

The Veteran's arthritis of the first metatarsal phalangeal joint with bunionectomy of the left foot is currently rated at 10 percent, and no higher. The evidence does not support a finding that warrants an increase in rating.

The Veteran was granted additional compensation for his dependent children and spouse effective April 1, 2010. However, the effective date for the award of additional compensation for his dependents is set at April 16, 2002.

The appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund due to the death of the decedent and lack of surviving spouse, as well as the statute's requirement that claims be filed within one year of enactment.

The Veteran's BCCs of the chest, back, arm, leg, and mouth are likely related to his service in Southwest Asia where he was exposed to burn pits. The Board finds that there is not sufficient evidence to disprove this exposure.

The Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,423.00 was denied as it was not submitted within 180 days of the notification letter.

The Veteran's appeal is being remanded due to his inability to appear at a scheduled hearing and he has requested a videoconference hearing instead.

The appellant was not recognized as the Veteran's surviving spouse for VA death benefits due to her divorce from the Veteran at the time of his death.

The Board has determined that there is no competent, probative evidence suggesting the Veteran currently has any residual eye or nose injuries from service. The claims for service connection are therefore denied.

The Veteran's appeal is remanded due to the need for a VA examination to determine the nature and severity of his postoperative left and/or right inguinal hernia residuals, including whether his current groin pain is related to his service-connected disability.