Other conditions Board decisions

The Veteran's overpayment of VA Chapter 31 benefits was waived due to fault on both the Veteran's and VA's part, creating undue hardship and defeating the purpose of the program.

The Board has remanded the case for additional development to determine if the Veteran's dysphagia is related to his military service or secondary to his service-connected residuals of a tonsillectomy.

The Board has remanded the case for further development and readjudication due to a recent Court of Appeals decision, which found that the Veteran's claim may involve 'hospital care' under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims for additional development due to issues regarding pre-existing injuries and aggravation during service, as well as a need for clarification on whether his current diagnoses are related to military service.

The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to determine if the Veteran was treated for a left thumb injury during service.

The Veteran's skin cancer, diagnosed as malignant fibrous histiocytoma, recurrent, status post left upper arm amputation, was not incurred in or aggravated by service and is not otherwise related to service. The Board finds the preponderance of the competent evidence against an award of service connection for this condition.

The Board has determined that the Veteran's left and right eye disabilities are not service-connected as they are considered to be a refractive error, which is not a service-connectable disease or disability.

The Veteran's fibrocystic breast disease is rated at a 10 percent evaluation, the maximum schedular rating available under Diagnostic Code 7804.

The Board denied the appellant's claim for service connection for a respiratory condition based on his post-September 11th National Guard service, finding that he did not have qualifying service and thus could not be granted basic eligibility for VA compensation.

The Board has remanded the case due to incomplete records and need for further clarification regarding whether VA treatment was available.

The Veteran has indicated that he does not wish to pursue a claim for service connection for his right leg disorder, and the appeal is dismissed.

The Board has determined that the appellant was not the Veteran's legal spouse at the time of his death and there is no credible evidence in the record to support a common-law marriage. As such, the claim for recognition as the Veteran's widow for purposes of VA benefits must be denied.

The Board has determined that additional development is needed to determine if the Veteran's fatal cancer was related to his in-service herbicide exposure, and thus whether he should be granted service connection for the cause of his death.

The Board has determined that the Veteran withdrew his appeal for a compensable rating for erectile dysfunction. The claim of service connection for cardiomyopathy is denied as there is no evidence to support a finding that it is related to any service-connected disability.

The Board has determined that the Veteran's claim of reopening his stomach trouble service connection is remanded due to a lack of representation review and transfer of claims file.

The Veteran's increased rating claims for tarsal tunnel syndrome, sinusitis, left varicocele, GERD and bilateral hearing loss have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's service-connected residuals of a fracture of the left mandible are currently rated as 10 percent disabling, and his facial scars resulting from this condition are not compensably disfigured. The Board finds that neither condition warrants an increased rating.

The Board has determined that a remand is necessary to obtain updated evidence and conduct a VA examination to assess the current severity of the Veteran's service-connected lumbar spine disability.

The Board finds that a low back disorder was not incurred in or aggravated by the Veteran's active duty service and is not presumed to have been incurred therein. The claim of entitlement to service connection for left ear hearing loss must be denied as there is no competent evidence of record linking a current condition to military service.

The Veteran's basal cell carcinoma and sphenoidal meningioma were not incurred or aggravated in service.,Service connection for a neck disorder, back disorder, and right leg disorder was denied.