Other conditions Board decisions

The Board found no evidence of a chronic disability manifested by breathing and sleep problems during service or within one year post-service. The veteran's current symptoms are not presumed to be due to an undiagnosed illness.

The Board has granted an effective date of March 20, 1995 for the grant of service connection for delusional disorder.

The Board denied both issues: denial of a compensable evaluation for recurrent left ear infections and denial of reopening the claim for service connection for a disability of the left eye.

The case is being remanded to the RO for initial consideration of additional evidence provided by the appellant-widow. The VCAA notice requirements are also addressed.

The Board found that the appellant and the veteran were legally married but remained separated until the veteran's death. The separation was not due to the misconduct of, or procured by, the veteran without fault on the part of the appellant. Therefore, the appellant is not recognized as the surviving spouse for purposes of DIC benefits.

The Board has granted two separate 10 percent ratings for service-connected residuals embryonic cell carcinoma of the left testicle, based on two painful scars. The veteran's disability is rated as a result of surgical treatment and does not meet criteria for higher evaluations under other applicable diagnostic codes.

The Board has determined that an effective date earlier than January 24, 2003 for the award of service connection for DJD of the right hip is not warranted.

The Board determined that the appellant's actions resulting in a bad conduct discharge constituted willful and persistent misconduct, and found no evidence of insanity at the time of the offenses. Therefore, his character of discharge is considered dishonorable, which constitutes a bar to VA benefits, including healthcare.

The Board denied the appellant's request for an increased evaluation for his service-connected duodenitis with gastric reflux and history of duodenal ulcer, as well as his eligibility for non-service connected pension benefits. The disability is currently manifested by moderately severe symptoms without evidence of hematemesis or melena.

The Board denied a compensable rating for postoperative right inguinal hernia as there was no recurrence of the condition and the surgical scar did not cause any limitation of function.

The Board found that the veteran was solely at fault in creating the overpayment and granted waiver of recovery for the period during which he did not have a dependent spouse, but denied waiver for the period after his remarriage.

The Board denied the veteran's claim for service connection for a stomach condition, finding that it was not incurred during service and is not related to exposure to ionizing radiation. The Board also found that there is no evidence of aggravation by PTSD medication.

The veteran's request for a hearing before the Board has been accommodated, and his claim of service connection for numbness and tingling in his arms and legs is being remanded to the RO for further action.

The veteran's right leg varicose veins were rated at 40 percent prior to November 1, 2005 and reduced to 20 percent effective November 1, 2005.,For the period beginning November 1, 2005, the disability is not more nearly approximated by persistent edema and stasis pigmentation or eczema.

The Board has denied the veteran's request to reopen his claim for service connection for a low back disability, finding that no new and material evidence was submitted.

The Board has determined that the veteran does not meet the criteria for special monthly compensation (SMC) based on need for regular aid and attendance, as there is no evidence of physical or mental incapacity requiring care or assistance from another person.

The Board denied the appellant's claim of basic eligibility for VA disability benefits, finding that new and material evidence had not been presented to reopen his previously denied claim.

The Board has determined that the veteran's spouse does not meet the criteria for special monthly dependency and indemnity compensation based on the need for aid and attendance due to her inability to perform daily activities without assistance.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board found that the veteran's acute myelogenous leukemia was not service-connected and did not cause his death. Therefore, the claim for service connection for the cause of death is denied. The appellant also failed to meet the criteria for basic eligibility for Dependents' and Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.