Other conditions decisions — 2001

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that it was not well grounded due to the lack of evidence showing nicotine dependence during service.

The Board previously granted a 30 percent rating for the veteran's service-connected cervical spine disability, but denied an increased rating. The Court of Appeals for Veterans Claims vacated this decision and ordered remand due to issues with how limitation of motion was applied under VA regulations.

The Board has determined that the veteran's service-connected back disability alone renders him unable to secure or follow substantially gainful employment, thus granting a total rating for compensation purposes based on individual unemployability due to service-connected disabilities.

The veteran's overpayment of VA improved pension benefits was waived due to the failure to inform the VA about his spouse's earned income, which did not indicate fraud, misrepresentation or bad faith on the part of the veteran.

The Board denied a rating in excess of 30 percent for the veteran's gunshot wound residuals and denied entitlement to TDIU.

The Board dismissed the veteran's motion for revision due to clear and unmistakable error in the October 1998 decision because the Court had already vacated that decision, rendering it non-final.

The Court held that the appellant's eligibility for Chapter 35 benefits in this case had not terminated as of the date she submitted her application, reversing the Board's decision.

The Board denied the veteran's claim for waiver of pension overpayment due to bad faith and lack of good faith in his dealings with VA.

The Board found that the veteran's nonservice-connected disabilities, including prostatitis and epidymidis, prevented him from achieving a vocational goal in his profession as a social worker. The Board concluded that feasibility of vocational rehabilitation training under Chapter 31 was not demonstrated.

The Board denied the appellant's request for a waiver of overpayment in the amount of $4,861 due to administrative error. The Board found that both VA and the appellant shared fault in creating the overpayment, thus not warranting elimination solely on administrative error grounds.

The Board found that the veteran does not have POHS attributable to his period of active military service.

The Board has remanded the case due to changes in law and regulations, requiring additional development before a decision can be made.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death.

The veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development, including obtaining records from the Social Security Administration and conducting VA examinations.

The Board denied the veteran's claim for basic eligibility for VA benefits due to a lack of military service that qualifies for nonservice-connected benefits.

The veteran's skin disability was not service-connected as it did not result from an undiagnosed illness or exposure to environmental agents in the Persian Gulf. The Board found that his current skin condition is a chronic disability, but it was not shown to be related to his military service.

The Board denied the veteran's claim for an increased evaluation of his service-connected pyloric ulcer.

The veteran's appeal is remanded due to the need for additional development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's right great toe disability, while symptomatic and impacting his gait, did not warrant a higher rating as it was not clinically demonstrated to be more than moderate in degree. The current 10 percent rating is considered appropriate.

The Board found no evidence of a chronic eye disorder present in service or at the current time, and thus denied the veteran's claim for service connection.