Other conditions Board decisions

The Board has determined that the attorney fees calculated in the amount of $10,290.80 were correctly calculated and the veteran's appeal to pay less than 20 percent of past due benefits is denied.

The VA has determined that the veteran's service-connected tonsillectomy does not meet the criteria for a compensable evaluation, as there is no evidence of hoarseness or inflammation of cords or mucous membrane.

The Board has decided to remand the case due to inadequate notice provided to the veteran regarding his claim of entitlement to benefits under 38 U.S.C. § 1151 for nerve damage as a result of a hernia operation, and because he needs to provide new and material evidence.

The veteran's appeal was denied as his right hip disability did not meet the criteria for a higher rating than 50 percent.

The Board found that the veteran's stomach disabilities, including esophagitis, gastritis, and a hiatal hernia, were not incurred in or aggravated by active duty service.

The Board found that the veteran's HTN was not incurred in or aggravated by service and denied his claim for service connection. The skin disorder claim is remanded due to insufficient evidence.

The Board found that the veteran's service-connected disabilities did not cause his death, and there was no evidence of a service-connected respiratory disorder or cardiovascular disease. The appellant's contentions regarding PTSD were not considered competent medical evidence.

The Board has determined that the veteran's death was caused by squamous cell carcinoma of the lung, which is presumed to be due to Agent Orange exposure in Vietnam. The claim for service connection for cause of death is granted.

The VA denied the veteran's claim for an increased rating for his service-connected stress fracture and tendonitis of the right tibia, as his disability is currently rated at 10 percent.

The Board denied the veteran's claims for a higher rating for her service-connected residuals of hemilaminectomy and denied her claim for service connection for bilateral leg radiculopathy, finding that there was no evidence to support these claims.

The Board has determined that the appellant's request for waiver of recovery of overpayments of pension benefits in the amount of $2061.00 was timely filed, and thus grants this issue. The validity of the debt for the overpayment is addressed separately.

The veteran is seeking service connection for impotency and a compensable evaluation for his spermatocele with status post left orchiectomy. The case has been remanded to obtain additional medical opinions regarding the etiology of his sexual impotence and the severity of any residuals from his left orchiectomy.

The Board has determined that the veteran does not have a current disability of bilateral vision impairment, as her visual acuity is correctable to 20/20. The claim for service connection is denied.

The veteran is seeking an increased evaluation for his service-connected collapsed right lung, which has been rated as noncompensable. The RO has granted a 20 percent rating effective June 14, 2004. However, the veteran's claim remains pending due to new evidence submitted during the appeal process.

The Board found that the veteran's left leg function remains, and no loss of use has been demonstrated. The claim for special monthly compensation based on loss of use of the left foot is denied.

The appeal is being remanded for the RO to provide notice of an amended regulation and readjudicate the claim.

The appellant is not eligible for DIC benefits as the remarried widow of a veteran due to her remarriage occurring before age 57, and the law does not provide an exception for such cases.

The Board has remanded the case due to a need for a new VA examination and additional VCAA notice.

The veteran's household income for 2004 exceeded the income threshold for entitlement to treatment in the VA health care system without a copayment, and thus he is not eligible for this benefit beginning June 29, 2005.

The veteran's appeal for initial compensable evaluations for non-Hodgkin's lymphoma and broken teeth was remanded due to the cancellation of a scheduled hearing. The case is now pending again with instructions to schedule another video teleconference hearing.