Other conditions decisions — 2000

The veteran's spouse is granted an apportionment of 20 percent of the veteran's nonservice-connected disability pension, as it does not cause undue hardship to the veteran.

The Board dismissed the appeal due to the death of the appellant.

The Board has determined that the veteran's gastrointestinal disability, claimed as peptic ulcer disease, is well-grounded and has been granted service connection based on direct evidence.

The claim for service connection for the cause of death is not well grounded due to lack of evidence linking adenocarcinoma of the cecum with liver metastasis to service.,The claim for Dependents' Educational Assistance (DEA) benefits is also not well grounded as it depends on a finding that the veteran's death was caused by a service-connected disability.

The Board has reopened the claim for service connection for the postoperative residuals of a right inguinal hernia and denied the claim for service connection for the postoperative residuals of bilateral inguinal hernia repair due to lack of evidence supporting these claims.

The Board has determined that the veteran's avascular necrosis of the first metacarpal of the right thumb warrants a 20 percent evaluation, which is higher than the current 10 percent rating.

The Board denied increased ratings for the veteran's service-connected gunshot wounds to the left shoulder, head, and chest. The veteran was rated at 40 percent for the shoulder injuries and 10 percent for the head scar.

The veteran's claim for a higher rating for his hypertensive cardiovascular disease is being remanded due to the need for further development and consideration of all pertinent evidence, including recent medical records and an updated VA examination.

The veteran's claims for service connection and increased rating were granted, but the appellant does not have legal standing to raise additional claims for accrued benefits.

The VA denied the veteran's claim for a higher evaluation of his service-connected post-operative residuals of pterygium removal in both eyes, which was rated as noncompensably disabling since February 12, 1997.

The Board found that the veteran's overpayment of disability compensation was properly created due to his son not attending school as expected. The debt is valid, and recovery would be against equity and good conscience.

The Board has determined that the veteran's claim for service connection for peripheral vascular disease as secondary to his service-connected frostbite of the feet is not well-grounded and therefore denied.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or due to being housebound was denied because he failed to report for a VA medical examination.

The veteran's claim for service connection for an organic cardiovascular disability as secondary to his service-connected psychiatric disorder is well-grounded, and new evidence has been presented that warrants reopening the claim. However, there are conflicting opinions regarding whether the cardiovascular condition is related to the service-connected psychiatric disorder.

The Board denied service connection for squamous cell carcinoma of the base of the tongue, finding that it was not incurred or aggravated by service due to inservice tobacco use and nicotine dependence. The claim for loss of teeth secondary to this cancer is also denied.

The Board denied the veteran's request to reopen his claim of service connection for myopia, finding that no new and material evidence had been submitted.

The veteran's income exceeded the maximum allowed for nonservice-connected pension benefits, resulting in a denial of his claim.

The veteran's unauthorized medical care on June 12, 1998 was not rendered in a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, the claim for payment or reimbursement is denied.

The Board has determined that the veteran does not have current residuals of glass in his face or a broken bone in his neck, and thus cannot establish service connection for these conditions.

The Board of Veterans' Appeals (Board) has determined that the claim for service connection for the cause of the veteran's death is not well grounded. The appellant did not provide sufficient evidence to support her claim, and there was no medical evidence linking the veteran's fatal colon cancer to his military service or exposure to herbicides.