Other conditions Board decisions

The Veteran's varicose veins in the right leg result in pain at rest and with prolonged standing or walking, requiring constant use of compression hosiery. The disability is currently rated as 20 percent disabling.

The Board has granted service connection for narcolepsy, finding that the Veteran's condition had its onset during active service. The issue of service connection for a sleep disorder other than narcolepsy is remanded due to procedural issues.

The Board has determined that there was no fraud, misrepresentation or bad faith on the Veteran's part in creating the overpayment. The decision grants a waiver of recovery of the $32,875 overpayment.

The Board has determined that the recoupment of the Veteran's separation pay from his VA disability compensation was proper and required by law, and thus denied the appeal.

The Board has decided to remand the claim for further development due to missing service treatment records and the need for a VA examination to determine if the Veteran's current venous insufficiency is related to his military service or pre-service conditions.

The Board has granted service connection for vertebral fractures at T-12 and L-1, finding it as likely as not that these injuries occurred during active military service.

The Board has found that the appellant was recognized as the Veteran's surviving spouse at the time of his death. The issue of her current eligibility for VA benefits as the Veteran's surviving spouse is remanded to the RO.

The Veteran's claim for an initial compensable rating for left pectoralis strain is being remanded due to the need for a muscle examination and updated treatment records.

The Veteran's compensation benefits were reduced to the 10 percent level due to incarceration for a felony, and this reduction is upheld.

The Veteran's Social Security income was properly included as countable income for purposes of determining entitlement to payment of VA pension benefits.

The Veteran's appeal involves the initial ratings for service-connected varicose veins of the left and right legs. The case is being remanded to obtain additional medical evidence and a new VA examination.

The Veteran has additional disabilities, including pain, incision wound drainage, and loss of abdominal musculature, as a result of VA surgery to repair a hernia performed in February 2004. The Board finds that these disabilities are due to fault on the part of VA during this surgery.

The Board has determined that the Veteran does not have a current heart disorder and therefore, service connection cannot be granted for his claimed conditions.

The Board has determined that the Veteran's bilateral foot disorder and abdominal muscle disorder were not incurred or aggravated by military service, and his claim for an initial evaluation in excess of 10 percent for lumbar strain with degenerative changes was denied.

The Board has determined that the Veteran's pre-existing left hip disorder was aggravated by his active duty service, and thus grants service connection for this condition.

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected bilateral foot dermatophytosis (epidermophytosis) with onychomycosis. The current level of severity will be determined.

The Board has determined that the appellant does not meet the criteria to be recognized as the surviving spouse of the Veteran for VA death benefits due to lack of knowledge of a legal impediment and her inconsistent statements regarding the validity of their common-law marriage.

The Board has determined that the appellant did not have qualifying service in the U.S. Armed Forces and therefore is not a veteran for purposes of receiving compensation from the Filipino Veterans Equity Compensation Fund.

The Board found that the appellant did not have recognized service with the United States Armed Forces, and therefore is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran was awarded service connection for immunoblastic lymphoma as a result of exposure to herbicides, rated at 100 percent disabling. The retroactive payment of $25,922.00 was issued after the Veteran's death and cannot be paid to his estate.