Other conditions Board decisions

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the claimant during the pendency of the appeal.

The Board has determined that further examination is necessary before a decision on the merits can be made regarding service connection for a sleep disorder and TDIU. The Veteran's claim will be remanded to allow for additional development.

The Board has determined that the appellant had no qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. As such, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case due to a procedural error in considering financial information for the entire time period between May 2001 and March 2004. The appellant is required to provide evidence of her eligibility for death pension benefits during this period.

The Veteran's appeal of the denial of an effective date prior to March 12, 2002, for a total disability evaluation based on individual unemployability has been withdrawn.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA disability compensation, finding that while the initial creation of the debt was due to VA administrative error, the Veteran's failure to return the erroneous payment contributed to payment pursuant to an erroneous award. The Board also found that repayment would not cause undue financial hardship and would not defeat the purpose for which the benefits were intended.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that there is no evidence of a relationship between the Veteran's current left elbow disorder and his military service, including in-service tendonitis. The claim for service connection was therefore denied.

The Board found that the Veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by military service, including claimed exposure to ionizing radiation and chemicals.

The Board has granted service connection for a vascular disability of the lower extremities, including venous insufficiency and varicose veins. The issue of entitlement to a higher (compensable) initial rating for allergic rhinitis is remanded.

The Veteran's right testicle disorder was not present in service or until many years after service, and there is no competent medical evidence that any current testicle disorder is related to service, including as due to herbicide exposure. The claim for an increased rating for bilateral defective hearing will be addressed in a separate remand.

The Board has ordered the remand of the case due to a failure by VA to obtain records from a Special Court Martial involving the Veteran's discharge. The case is now being returned for further development and readjudication.

The overpayment of $8,686 was created due to a retroactive reduction in disability compensation and is invalid. The Veteran has been made whole through the payment of CRSC (Combat-Related Special Compensation). As a result, there is no justiciable issue for the Board to decide.

The Veteran's service-connected Osgood Schlatter's Disease of both knees does not meet the criteria for a disability evaluation in excess of 10 percent.

The Veteran's adenocarcinoma of the rectum was not shown to be related to his military service, including exposure to herbicides. The Board found insufficient evidence to support a finding that the cancer is due to Agent Orange exposure or any other condition from his active duty.

The Board has determined that the Veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by active duty service, including exposure to herbicides.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim of service connection for a skin disorder, but has also noted that the Veteran is presumed exposed to herbicide agents during his Vietnam-era service. The decision is mixed as it addresses both the reopening aspect and the merits of the underlying claim.

The Board has determined that additional development is needed to determine the appellant's eligibility for Chapter 35 benefits and her program of education. The case will be remanded for this purpose.

The Board has determined that the Veteran's aspergillosis is related to his military service and grants service connection for this condition.