Other conditions Board decisions

The veteran's right foot disability, which includes a healed fracture of the second metatarsal, does not meet the criteria for a higher rating than 10 percent.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for postoperative residuals of hemilaminectomy and diskectomy for herniated nucleus pulposus L5-S1, left due to the presence of flare-ups about twice a month for 2-3 days at a time, 4-5 days a month where he was not working because of his back, limited range of motion with pain, minimal to mild leg weakness, and no severe symptoms warranting higher ratings.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits, finding that she was not lawfully married at the time of his death and thus could not qualify.

The Board found that the veteran does not have a disability involving epididymitis with hydrocele or chronic stomach problems as claimed. The veteran's stomach problems were attributed to gastroesophageal reflux disease, which is not related to service.

The Board has determined that the veteran's residuals of a right total hip replacement warrant a 70 percent rating, which is higher than the current 50 percent rating.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for vision loss in his left eye is denied as there is no competent medical evidence to show that the loss resulted from VA care or treatment.

The Board found that the appellant's ex-wife was entitled to an apportionment of his VA disability compensation benefits on behalf of their two children, as it demonstrated hardship and did not cause undue hardship on the veteran.

The appellant's service is not qualifying for VA non-service connected pension benefits.

The Board denied the veteran's claim for service connection for colon cancer with metastasis to cervical nodes, lungs, and liver. The evidence did not establish a relationship between his service-connected diabetes mellitus and the development of colon cancer. Additionally, there was no evidence that the veteran's rectal/colon cancer was related to Agent Orange exposure or any other presumptive basis.

The Board has found that new and material evidence has been submitted to reopen the claim for service connection for dystonia. The veteran's preexisting dystonia is now considered possibly aggravated by his period of active duty.

The Board has determined that the veteran's claims for service connection for beriberi, dysentery, and malnutrition must be remanded due to inconsistencies in his claimed service status as a former prisoner of war (POW). The RO is instructed to obtain recertification from the service department regarding the veteran's service and consider all relevant evidence, including affidavits from former POWs. If the application to reopen the claim for POW status is granted, the underlying claims for service connection will be considered.

The Board has remanded the case for further development and adjudication, including determining whether the appellant can be recognized as the surviving spouse of the veteran for VA purposes. The issues of service connection for cause of death and entitlement to accrued benefits will be held in abeyance pending this determination.

The veteran is seeking service connection for post-traumatic stress disorder (PTSD) related to alleged sexual assault and harassment during her military service. The case has been remanded due to the need for additional development, including a VA psychiatric examination.

The Board has remanded the case for additional development and readjudication, including providing proper notice under the Veterans Claims Assistance Act of 2000.

The Board denied service connection for emphysema and pulmonary fibrosis, as well as secondary service connection for Type 2 diabetes mellitus. The evidence did not establish a link between the conditions and service or service-connected COPD.

The case is being remanded for the appellant to be scheduled for a videoconference hearing before a Veterans Law Judge at the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded.

The veteran's semi-paralysis of the left side of his face and blindness of his left eye are granted as service-connected, with no specific rating assigned.

The veteran's claim for a higher rating for his service-connected chronic pharyngitis is being remanded to the RO for additional development, including obtaining medical records and scheduling an examination.

The Board denied the appellant's requests for waiver of recovery of overpayments of VA improved death pension benefits in the amounts of $5,256.00 and $21,496.00.,Both overpayments were properly created due to the appellant's failure to report her income accurately.

The Board has determined that the veteran's pulmonary fibrosis is not related to his military service, as there is no evidence of asbestos exposure during service and the condition developed post-service. The claim for service connection is denied.