Other conditions decisions — 2001

The Board has granted service connection for the veteran's back injury and varicose veins, finding that these conditions are related to his active duty service.

The Board finds that the appellant's current right hand disability is service-connected as residuals of a fractured right hand, given the recorded boxing injuries during service and continuity of symptomatology.

The Board has denied the reopening of both claims for service connection for respiratory disability and cardiovascular disability due to lack of new and material evidence.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for foot fungus, which was previously denied in August 1984. The RO will now review this reopened claim.

The veteran's appeals for increased evaluations of his shell fragment wound residuals were dismissed as he did not file a timely substantive appeal.

The veteran's waiver request for overpayment of VA improved pension benefits was denied due to his failure to report his wife's income, which constituted bad faith.

The Board has remanded the veteran's claims for service connection due to a lack of well-groundedness and need for additional development, including obtaining medical opinions regarding the relationship between current disabilities and active military service.

The veteran's claim for increased evaluation of his service-connected gunshot wound, Muscle Group XIV, left thigh was denied. The RO also denied the other issues listed on the first page of this decision.

The veteran's claim for an increased evaluation of his service-connected bladder cancer, secondary to radiation exposure, was granted by the Board.

The Board has determined that the veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and thus grants his claim for total disability rating based on individual unemployability.

The Board has ordered the RO to obtain additional medical records and conduct a VA examination to determine if the veteran's cardiovascular disability was related to his active service or his service-connected anxiety state superimposed on constitutional predisposition. The appeal is now pending with the RO for further development.

The Board granted an effective date of September 20, 1997 for the award of special monthly compensation on account of loss of use of the left eye. The veteran's initial evaluation for macular degeneration was continued at 30 percent.

The Board has granted increased ratings of 40 percent for the veteran's service-connected aortic occlusive disease and peripheral vascular disease of both lower extremities.

The Board denied the appellant's request for waiver of overpayment in her improved death pension benefits due to bad faith on her part. She failed to report her income, despite being advised multiple times.

The Board has granted increased ratings for the appellant's service-connected gunshot wound residuals affecting Muscle Groups XI and XIII, with a rating of 20 percent for Muscle Group XI and 30 percent for Muscle Group XIII.

The veteran's claim for payment or reimbursement of unauthorized private medical services provided from May 16, 2000 to May 20, 2000 is denied as he did not meet the criteria for reimbursement under VA regulations.

The veteran's claim for an increased evaluation for his service-connected bladder cancer, secondary to radiation exposure, is being remanded due to the need for a Statement of the Case regarding the total disability evaluation issue.

The Board of Veterans' Appeals has determined that the veteran's death was caused by his service-connected nicotine dependence, which contributed to his fatal cancer. The appeal is granted.

The Board has determined that the veteran's herniated disk, C6-7, status post cervical diskectomy is a result of an injury sustained during active duty for training in November 1993. The claim is granted.

The Board has granted a compensable evaluation (10%) for the veteran's service-connected wedging of T5-T6 with recurrent thoracic pain, based on moderate limitation of motion of the thoracic spine.