Other conditions decisions — 2000

The Board has determined that the claim for service connection for the cause of the veteran's death is not well-grounded and therefore denied.

The Board has determined that the veteran's service-connected fracture of L1 vertebra does not warrant a rating in excess of 20 percent, as there is no evidence of severe limitation of motion or neurological involvement. The current 20 percent rating remains unchanged.

The Board has denied the reopening of the claim for service connection due to lack of new and material evidence.

The veteran's overpayment of VA disability pension benefits in the amount of $4,028 was denied as recovery would not be against the principles of equity and good conscience.

The Board has restored the veteran's 100% disability rating for non-Hodgkin's lymphoma, effective September 1, 2000, after finding that the reduction was not based on a VA examination and did not comply with due process requirements.

The veteran's claim for an effective date earlier than August 27, 1997, for the grant of service connection for post-operative spinal stenosis of L4-5 is granted. The condition was determined to be directly related to his military service.

The Board has dismissed the case as it lacks jurisdiction to review the direct payment of a contingency fee agreement between the veteran and his attorney.

The Board has reopened the appellant's claim for service connection for the veteran's cause of death due to new and material evidence submitted, including a medical opinion linking the veteran's esophageal cancer to his in-service gastrointestinal issues.

The Board has determined that the veteran's service-connected partial amputation of the distal end of the left index finger warrants a 10 percent rating, effective from April 14, 1993. The condition is currently rated under Diagnostic Code 5225 for ankylosis of a major or minor index finger.

The Board has dismissed the case as it does not have original jurisdiction to decide the eligibility for payment of attorney fees from past-due benefits.

The Board denied the veteran's claim for an effective date prior to February 12, 1998 for service connection for residuals of a left hip fracture.

The veteran requested to withdraw his appeal, and the Board dismissed it due to this withdrawal.

The Board has granted service connection for a sinus disorder. The claims for back, left hip, and left leg disorders are denied as not well grounded.

The RO denied the veteran's claims for service connection and a higher rating for his prostatitis. The veteran appealed these decisions, but the Board found no clear and unmistakable error in the original determinations.

The Board found that the veteran's right foot swelling, numbness, and tingling were incurred during her active service. The claim was granted.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved death pension benefits because it was not timely filed within the required 180-day period.

The Board of Veterans' Appeals (Board) has determined that the veteran's claim for service connection for aplastic anemia is not well-grounded and has therefore denied it.

The Board of Veterans' Appeals has determined that the appellant is recognized as the surviving spouse of the veteran for VA purposes, allowing her to receive death benefits.

The Board has determined that the veteran's claims for compensation under 38 U.S.C.A. § 1151 are not well-grounded because there is no medical evidence linking any additional disability to VA hospitalization or treatment.

The Board has determined that the veteran's thoracic spine disability, which is manifested by moderate limitation of motion with tenderness to percussion in the interscapular area, does not warrant a rating higher than 10 percent.