Other conditions Board decisions

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran did not meet the statutory requirement of being married one year or more prior to his death.

The veteran seeks a higher initial rating for his service-connected degenerative joint disease and herniated discs of the cervical spine. The RO assigned a 20 percent rating, but the case is being remanded to obtain additional medical evidence and to provide an orthopedic examination.

The Board denied the veteran's request for a waiver of overpayment of VA compensation benefits, finding that repayment would not cause undue hardship and that there was no fault on the part of the veteran in creating the debt. The decision also noted that the veteran did not have any service connection issues.

The veteran's appeal is being remanded for a Board hearing before a Veterans Law Judge sitting at the RO. The issues of service connection and initial evaluations are pending.

The Board has determined that new and material evidence has been received to reopen the claim for recognition of the appellant as the veteran's surviving spouse, allowing the case to proceed on this issue.

The veteran's annual income exceeded the maximum annual rate established by law for payment of nonservice-connected pension benefits for a veteran with one dependent, and thus his claim for pension benefits was denied.

The veteran is entitled to an effective date of May 1, 1993 for the award of additional compensation for a spouse due to his increased disability rating.

The veteran seeks an earlier effective date for awards of service connection for ocular histoplasmosis and TDIU. The Board finds that the preponderance of evidence is against these claims, as the April 1997 denial of service connection for ocular histoplasmosis became final due to lack of timely appeal. Therefore, an earlier effective date cannot be granted.

The Board has granted a 10% evaluation for alopecia areata from August 30, 2002. The condition is characterized by an erythematous plaque with scabbing and hair loss, meeting the criteria for disfigurement of the head, face, or neck.

The VA denied the veteran's claim for service connection for lost teeth, finding that there was no evidence linking his current condition to service or a service-connected disability.

The Board has granted a 60 percent rating for the veteran's skin disability, effective October 30, 2002.

The Board has determined that the veteran's prostate condition, including chronic prostatitis and BPH, was neither incurred in nor aggravated by active military service. The preponderance of evidence does not support a finding that his current prostate condition is related to service or herbicide exposure.

The Board found that the veteran's adenocarcinoma of the colon was not caused by VA medical care, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's squamous cell carcinoma of the oral cavity did not have a direct connection to his service, and therefore denied service connection for the cause of his death.

The veteran's service-connected recurrent dislocation of the left patella is rated at 30 percent, effective December 8, 2004. The claim for a separate evaluation for instability and limitation of extension are also granted.

The veteran's appeal for nonservice-connected pension benefits was denied because he did not have wartime service to qualify.

The Board denied service connection for numbness in the hands and legs, as well as reopening a claim for low back disorder. The veteran's claimed conditions were not found to be incurred or aggravated during active duty.

The veteran's service-connected scar residuals of basal cell and squamous cell carcinoma of the left upper back are currently rated as noncompensable, and the claim for a higher rating is denied.

The Board has granted service connection for a left foot calcaneal spur, finding it likely related to the veteran's active duty service. The claim for periodontal disease was denied as this condition is not considered a disability for VA compensation purposes.

The veteran was granted service connection for panic disorder and agoraphobia effective June 30, 2003. The earlier denial of his claim in December 1990 is considered final.