Other conditions decisions — 2002

The Board found that the cause of the veteran's death, AIDS and malnutrition, was not related to service or a service-connected disability. The appellant's claims were denied.

The Board has granted a higher disability rating for the appellant's gunshot wound to the right arm, currently rated at 40 percent.

The veteran withdrew his appeal, and the case is dismissed without prejudice.

The Board determined that the veteran's injuries sustained in a motor vehicle accident on January 1, 1966 were due to his own willful misconduct and therefore not incurred in the line of duty. As a result, service connection for residuals of left ear injury and right ring finger injury was denied.

The Board denied an increased rating for the veteran's postoperative intermediate phalangectomy and condylectomy of the proximal phalanx of the fifth toe of the right foot, currently evaluated as 10 percent disabling.

The Board has denied the veteran's claim for service connection for Epstein-Barr syndrome, finding that there is no credible, competent evidence showing current manifestation of this condition and its relationship to active service.

The veteran's request for a waiver of an overpayment of $14,508.00 in VA pension benefits was denied as the creation of the overpayment was solely due to his failure to report his wife's income and recovery would not cause undue financial hardship.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for status post lobectomy with residual chest pain and shortness of breath, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has determined that the appellant did not suffer additional disability of the right eye as a result of surgeries performed at VA medical facility in September and October 1998, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for service connection for malaria, finding no current diagnosis of the condition or a causal link to his military service.

The Board denied the appellant's claim for service connection for a liver disorder claimed as due to Agent Orange exposure, finding no evidence of current disability and noting that the appellant did not meet the requirements for presumptive service connection based on herbicide exposure.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability as a result of VA surgical and medical treatment in 1984, finding no competent evidence that he currently has any such disability.

The Board has granted service connection for degenerative joint disease of the right leg and back as secondary to the veteran's service-connected tibial fracture of the left knee. The claims regarding peptic ulcer disease and bilateral pes planus were denied due to clear and unmistakable error in the October 1947 rating decisions.

The Board found that the veteran did not file a timely substantive appeal regarding his claims for service connection for back and hip disabilities, resulting in a denial of the appeal.

The Board has granted a 60 percent rating for the veteran's service-connected duodenal ulcer with diverticulum and upper gastrointestinal bleeding, effective from February 1997. The decision is based on evidence showing symptoms consistent with severe postgastrectomy syndrome.

The Board has determined that the veteran's need for regular aid and attendance was established from January 1, 2000 to February 12, 2001, allowing restoration of special monthly pension.

The Board denied the appellant's request to waive recovery of an overpayment of VA pension benefits in the amount of $6,642.00 due to his failure to report additional monies received from a retirement benefit.

The Board found that the submitted evidence was not new and material, thus denying the application to reopen the claim for service connection for a left eye disorder.

The Board denied the veteran's claim for an increased evaluation for his service-connected fracture of the left tibia, finding that the disability did not meet criteria warranting a higher rating.