Other conditions decisions — 2000

The Board denied the appellant's request for a waiver of recovery of an overpayment of DIC benefits in the amount of $2,080.00 as untimely filed.

The Board found no additional disability resulting from VA medical or surgical treatment, including the alleged misdiagnosis of aorto-iliac occlusive disease. The veteran's symptoms prior to surgery were already diagnosed and treated.

The Board denied service connection for cause of death, finding that the veteran's prostate cancer did not contribute to his death and was not related to a service-connected disability.

The Board denied the veteran's claim for service connection for a partial upper dental plate as there is no provision in the applicable laws or regulations for the payment of compensation for dentures.

The Board dismissed the motion for revision of an April 7, 1998 decision due to the death of the moving party.

The Board is remanding the case to verify the veteran's service in Vietnam and determine if he qualifies for benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814.

The veteran's claim for an increased rating was granted, and the effective date is set at May 30, 1989.

The Board denied service connection for adenocarcinoma of the colon, finding that it was not incurred during or due to active duty service.

The veteran's claim for service connection for residuals of a right inferior orbital ridge fracture was not received until October 8, 1997, which is more than one year after her discharge from active military service. Therefore, the effective date cannot be earlier than October 8, 1997.

The Board has determined that the March 1972 rating decision denying service connection for a nervous disorder contained clear and unmistakable error, and thus grants the veteran's appeal.

The veteran's claim for an effective date prior to June 24, 1998, for a grant of service connection for malignant lymphoma was denied as the earliest date entitlement arose is the date his claim was received in June 1998.

The appellant is not recognized as the veteran's surviving spouse for VA benefit purposes due to her marriage being less than one year prior to the veteran's death and lack of children from their union.

The Board denied the appellant's request for an effective date prior to October 1, 1998, for reinstatement of dependency and indemnity compensation benefits as the surviving spouse of the veteran. The decision is based on the law that no payment may be made for any month prior to October 1998.

The veteran's claim for service connection for spermatocele with right testicle removal was denied as not well grounded due to lack of evidence in service records and post-service treatment records.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his service-connected conditions did not contribute to his death and that exposure to ionizing radiation was not a contributing factor.

The Board has determined that service connection is warranted for chronic conjunctivitis and the claim for an increased evaluation for corneal scar in the left eye is granted.

The Board has granted a 40 percent rating for the residuals of a fracture of the left femur, effective from January 10, 1997. The veteran's heart and vascular disabilities are not service connected.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $6,680 due to her intentional misrepresentation of her income.

The veteran's appeal is about the original grant of service connection for dermatofibroma and seeking an increased disability evaluation. The case has been remanded to obtain a comprehensive VA examination report.