Other conditions Board decisions

The Veteran's claim for an increased rating for residuals of a shell fragment wound to the left knee was granted, but his separate claim for arthritis of the left knee was denied. The decision is mixed as it addresses both service connection and disability evaluation issues.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because the pleading requirements were not met.

The Veteran is seeking service connection for a paralyzed diaphragm, which he claims was caused by in-service chest wall injections. The Board has ordered additional development to determine if these treatments are related to the current condition.

The Veteran's claim for an initial compensable evaluation for genital herpes prior to September 20, 2007, and a higher rating from that date have been denied as there is no evidence of recurrent episodes requiring treatment.

The Veteran's reversible obstructive disease is found to be related to his military service, and the Board grants service connection for this condition.

The Veteran's claims for service connection were denied, and he was not granted any new ratings or benefits. The decision also noted that his PTSD, schizophrenia, and depression claims are moot due to the already established service-connected hypothyroidism.

The Board has determined that the overpayment of VA compensation benefits in the amount of $14,430 was not properly created and is therefore invalid.

The Board found no evidence of a current gastrointestinal disability and denied service connection for abdominal cramps, residuals of head injury to include migraines, and low back disorder.

The Board finds that the Veteran's failure to notify VA of his incarceration faulted him in creating the overpayment debt. Recovery would not be against equity and good conscience as it does not defeat the purpose of the benefit, unjustly enriches the Veteran, or cause undue hardship.

The Veteran's claim for service connection for multiple myeloma, claimed as secondary to herbicide exposure, was denied because there is no current diagnosis of multiple myeloma and the evidence does not support a finding that it is related to his military service.

The Board has determined that the appellant does not qualify as a claimant for DIC benefits due to her marriage to the Veteran not meeting the legal requirements necessary to establish basic eligibility.

The Board denied the Veteran's request for waiver of overpayment of non-service connected pension benefits, finding that recovery would not be against the principles of equity and good conscience due to fault on the part of the Veteran in accepting payments he knew or reasonably should have known he was not entitled to.

The Veteran's claim for service connection for a skin disorder, specifically a rash, is denied as there is no chronic in-service skin disorder and the current pruritus NOS does not meet the criteria for service connection.

The Board has determined that the appellant does not have qualifying service for VA purposes and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's ulcerative colitis is currently rated at 30 percent, the maximum rating available under DC 7323. The Board found that his symptoms do not meet or approximate the criteria for a higher rating as they do not show numerous attacks with malnutrition, anemia, or serious complications such as liver abscess.

The Veteran's service-connected urinary tract infections have been rated at 20 percent since September 9, 1996. The gynecological condition resulting from her rectocele repair has not met the criteria for a compensable rating prior to June 21, 1993 and since August 1, 1993.

The Board has remanded the case to allow the AOJ to consider additional evidence submitted by the Veteran, including a statement from his private doctor. The claim will be reconsidered and a Supplemental Statement of the Case will be provided.

The Board has determined that the Veteran's left-sided facial nerve damage is a result of his April 1987 surgery at a VA facility and was not due to negligence or lack of proper skill. The condition was also foreseeable as it occurred during the course of treatment.

The Veteran's tonsillar cancer with metastasis to lymph nodes of the neck is not presumed to be service-connected due to herbicide exposure, and a compensable rating for bilateral hearing loss was denied.

The Veteran's right testicular hydrocele is considered an unforeseen residual of his September 1998 laparoscopic ureterolysis, and the Board finds that VA exhibited carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault resulting in this condition. As a result, compensation under 38 U.S.C.A. § 1151 for his right testicular hydrocele is granted.