Other conditions Board decisions

The Board has remanded the case for additional examination to determine the extent of the veteran's injuries and their impact on his disability rating. The veteran is entitled to a higher rating for his gunshot and shell fragment wounds, but further evidence is needed before this can be determined.

The Board has reopened the veteran's claim for service connection for cardiovascular disability, including atherosclerosis. The September 2007 VA opinion supports that this condition began in service and is related to it.

The veteran's additional left hand disability is not deemed to be the result of VA care, and thus compensation under 38 U.S.C.A. § 1151 for the residuals of surgery performed at a VA medical facility is denied.

The veteran's initial compensable ratings for his right inguinal hernia and lipoma of the right posterior neck have been denied.,Separate ratings are sought for a neuropathic pain syndrome associated with his service-connected right inguinal hernia.

The Board found no evidence of a skin disorder of the feet in service or since, and denied the claim for service connection.

The Board denied the veteran's claim for service connection for a skin disorder, finding no evidence linking his current condition to his in-service rash and noting that there is no positive association between exposure to herbicides and any other condition.

The Board found that the veteran's chest wall pain due to stress was not incurred in or aggravated by active service and denied his claim.

The Board denied the veteran's claim for service connection due to her failure to report for a VA examination scheduled in January 2007.

The Board denied the veteran's claims for service connection for colon cancer with carcinoma of the rectum, intractable pain, stool incontinence, lower abdomen scars, and upper abdomen scars. The reasons given were that there was no evidence linking these conditions to service or any other event/occurrence during his period of active duty.

The VA denied an increased evaluation for the veteran's skin disorder, finding that it did not meet the criteria for a higher rating under either the old or new Diagnostic Code 7806.

The veteran's appeal is being remanded to the RO for further development of evidence and due process development. The veteran needs to report for a Travel Board hearing.

The Board denied the veteran's claim for waiver of overpayment of VA disability compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the debt.

The Board has determined that the appellant's claim for waiver of recovery of an overpayment of her apportionment benefits was timely filed and granted. The appeal is now closed as the benefit of the doubt is resolved in favor of the appellant.

The Board found no probative evidence linking the cause of death to military service, and denied the claim for service connection.

The Board has determined that the veteran's claims for service connection for fungal infections of the left eye, right eye and both ears, malaria, and a nose fracture have been denied as new and material evidence was not submitted to reopen any of these claims.

The Board has granted a 50 percent disability rating for the service-connected post-operative residuals, uterus, myomectomy for fibroids and endometriosis. The veteran's gynecological condition is manifested by multiple lesions of the uterus, pelvic pain, heavy bleeding that are not controlled by treatment, and interference with bowel functions.

The Board found that the veteran's loss of use of two digits on his left hand existed prior to service and was not aggravated by active service, thus denying the claim for service connection.

The veteran's appeal for an increased disability rating for his service-connected spinal compression fracture of the L1 and L2 is being remanded due to procedural issues. The case will be returned to the agency of original jurisdiction for appropriate action.

The Board denied the appellant's claim for a waiver of recovery of an overpayment of death pension benefits in the amount of $6,452.00 due to her bad faith in failing to report earned Social Security Administration income.

The Board has determined that the veteran's patellofemoral pain syndrome of both knees does not warrant a higher rating as his range of motion and instability do not meet the criteria for such an increase.