Other conditions decisions — 2001

The Board denied the veteran's claims for service connection for a gunshot wound of the left lower leg and for special adapted housing and adaptation grants due to his COPD, which is already service-connected.

The veteran's appeal has been dismissed due to his death.

The Board denied an increased disability evaluation for the veteran's gastritis, finding that her symptoms do not warrant a higher rating.

The Board has granted increased ratings of 40 percent for the service-connected residuals of gunshot wounds to both thighs and buttocks, involving Muscle Groups XV and XVII.

The Board found that the veteran's arthritis was not shown until many years after service and concluded that it is not related to his active service or any injuries, experiences or circumstances therein.

The veteran's carcinoma of the larynx was not shown to be incurred during service or due to any other service-connected condition. The claim is denied.

The Board found that the preponderance of evidence did not support the appellant's claim for compensation under 38 U.S.C.A. § 1151 due to VA medical treatment, and denied her accrued benefits claim.

The Board has granted a waiver of the recovery of $4,415 from the veteran's overpayment of VA improved pension benefits. However, they have denied the remaining amount due to undue hardship.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits, finding that there was no valid common-law marriage and thus no deemed valid marriage.

The Board denied the appellant's claim for VA benefits as a child of his deceased veteran father due to not meeting the legal criteria for being considered a 'child' under VA regulations.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized military service, as determined by the U.S. Department of the Army.

The VA has determined that the veteran's service-connected residuals of a resected left mandible tumor with implant placement are currently rated at 10 percent, which is appropriate given the symptoms and disability level.

The veteran's cause of death was attributed to congestive heart failure and an acute myocardial infarction. The Board found that there is no evidence linking these conditions to service or a service-connected disability, thus denying the claim for service connection for the cause of death.

The appellant is not eligible for non-service-connected death pension benefits due to the absence of legal merit or lack of entitlement under the law.

The Board denied the veteran's request to change his vocational rehabilitation training program from pharmacist to economics, finding that he was not physically capable of pursuing a pharmacist career due to his service-connected disabilities. The appeal is based on the denial of a change in program rather than issues related to service connection.

The Board denied the veteran's request for waiver of an overpayment of improved disability pension in the amount of $8,614 due to his receipt of income not reported to VA.

The veteran's claim for an increased rating for his service-connected residuals of shell fragment wound to the right buttock, with lateral femoral cutaneous nerve involvement, is being remanded due to incomplete evidence and need for further examination.

The Board denied the veteran's claim for a compensable rating for his residuals of transection of the left ureter, and referred the other issues to the RO for appropriate action.

The Board denied the veteran's claim for service connection for the cause of his death and also denied basic eligibility for nonservice-connected pension benefits. The appellant argued that her spouse had served in recognized guerrilla and regular Philippine Army, but there was no evidence linking the cause of death to any service-connected disability.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $8,197 due to fault on the part of the veteran and lack of fault on the part of VA. The decision also noted that failure to make restitution would result in unjust enrichment.