Other conditions decisions — 2000

The Board found that the appellant's claim for service connection for the cause of the veteran's death was not well-grounded due to a lack of medical evidence linking the veteran's emphysema, caused by smoking, to his time in service.

The Board has granted a waiver of recovery of the veteran's overpayment of $3,168.00 in pension benefits due to VA error and minimal fault on the part of the veteran.

The Board has reopened the veteran's claim for service connection for a right leg disorder due to new evidence submitted since the 1989 denial. However, there is no competent medical evidence linking the current condition to service.

The veteran's post traumatic stress disorder was granted a 70 percent evaluation from July 1, 1998. Prior to that date, he had been rated at 30 percent.

The Board found that the veteran's injuries on August 13, 1993, were caused by his own willful misconduct and denied his claim for VA compensation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sacred Heart Hospital in January 1994 is denied as her service-connected disability was not established.

The Board found that the veteran's loss of vision and total detachment of the left retina were not caused by or related to the September 1987 VA surgery, and thus denied his claim for benefits under 38 U.S.C.A. § 1151.

The case is being remanded to the RO for additional development, including ensuring a complete Supplemental Statement of the Case (SSOC) is associated with the claims file and that the veteran has been provided an appropriate response period.

The veteran's claim for an initial rating in excess of 10 percent for degenerative joint and disc disease of the thoracic and lumbosacral spine is being remanded due to incomplete examination findings. The case will be reviewed again by the RO, including consideration of applicable regulations.

The case is being remanded for additional development, including obtaining a medical opinion and reviewing the claims file.

The veteran and the appellant were not married at the time of the veteran's death, and the appellant is not entitled to recognition as surviving spouse of the veteran for purposes of VA benefits.

The Board denied the appellant's request for an apportionment of her father's VA disability pension benefits on behalf of their daughter, C., finding that there was no financial need demonstrated and that the veteran reasonably discharged his responsibility to support the child.

The Board denied an increased disability rating for the veteran's compression fracture of the dorsal spine, finding that the current 10 percent rating adequately reflects his symptoms and limitations.

The veteran withdrew her appeal for vocational rehabilitation benefits.

The veteran's left eye disorder, classified as Chandler's syndrome, was initially rated at 20 percent in September 1988 and later increased to 30 percent effective May 8, 1995. SMC based on blindness of one eye was also granted effective May 8, 1995.

The Board has denied the veteran's claims for service connection for loss of vision and residuals of dental trauma as they are not well grounded.

The veteran is entitled to retroactive payment of Montgomery G.I. Bill benefits for the enrollment period May 6, 1996 to July 26, 1996.

The Board dismissed the veteran's claim because he did not file a timely Notice of Disagreement regarding his request for waiver of overpayment of VA pension benefits.

The veteran's request for a waiver of recovery of the overpayment of VA improved pension benefits in the amount of $8,293.00 was denied by the Committee on Waivers and Compromises.

The Board has granted service connection for the cause of the veteran's death, finding that his service-connected laryngeal cancer contributed to his subsequent tongue cancer and hastened his demise.