Other conditions decisions — 2002

The veteran's CML is presumed to have been incurred during his World War II service due to exposure to ionizing radiation in service.

The Board denied service connection for the cause of the veteran's death and denied entitlement to DEA benefits. The immediate cause of the veteran's death was adenocarcinoma of the cecum with liver metastasis, which is not related to his service or a service-connected disability.

The Board denied the appellant's claim for an earlier effective date for aid and attendance benefits, finding that March 20, 1998 was the appropriate date based on when the claim was received by VA.

The Board denied the appellant's request for waiver of an overpayment of improved disability pension benefits, finding that his failure to disclose his wife's employment income was willful and constituted bad faith.

The VA denied the veteran's claim for service connection for a malignant carcinoid tumor of the stomach, status post total gastric resection, finding no evidence linking his condition to service or exposure to herbicides.

The Board denied the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred in July 1993 and April 1994, finding that none of the required criteria were met.

The veteran's right leg condition was due to the natural progression of his fracture and osteomyelitis, not related to VA medical treatment. As a result, he did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for waiver of overpayment, finding that recovery would not be against equity and good conscience due to the fault being solely on the veteran.

The Board denied service connection for the appellant's claimed residuals of burns, finding that they were not incurred or aggravated in active military service.

The veteran's multiple gunshot wounds do not render him permanently and totally disabled for pension purposes.

The veteran's initial ratings for residuals of a stab wound to the neck and chest have been granted, with the neck rating at 60 percent since August 15, 1994, and the chest rating at 10 percent since September 14, 1991.

The appellant is properly recognized as the surviving spouse of the veteran for VA death benefits purposes.

The Board found no evidence of current cold injury residuals of the feet related to service, and thus denied the veteran's claim for service connection.

The Board denied the veteran's claim for service connection for PTSD, finding that there is no current medical diagnosis of PTSD and that the veteran did not engage in combat with the enemy. The stressors reported by the veteran were not corroborated.

The Board denied the veteran's request for a waiver of recovery of an overpayment of dependency and indemnity compensation benefits, finding that the appellant was at fault in creating the debt. The Board also found no indication of fraud or bad faith on her part, but concluded that repayment would not be against equity and good conscience.

The veteran's appeal to the Board of Veterans' Appeals for an earlier effective date for his service connection for post traumatic stress disorder was dismissed because he did not file a timely substantive appeal.

The veteran's claim for a compensable evaluation for his prostate disability was denied as there is no evidence of recurrence or metastasis, and the current condition does not meet criteria for a compensable rating.

The Board has determined that the appellant's service connection claim for residuals of muscle strain, to include genitourinary dysfunction, is denied as there is no evidence linking his current disabilities to a muscle strain or injury in service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension in the amount of $11,550 due to her failure to report income from a retirement account. The creation of the overpayment was found proper up to $4,700, but the appellant's bad faith and lack of hardship were considered factors against granting a waiver.

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