Other conditions decisions — 2002

The Board denied the veteran's claim for service connection for bilateral defective hearing and a rating in excess of 20 percent for his right shoulder disability. The decision found that there was no evidence of hearing loss for VA purposes at present.

The Board has determined that the veteran's service-connected residuals of a fracture at T12 warrant a 50 percent disability rating, based on severe limitation of motion and demonstrable deformity of the vertebral body.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability of service origin, and thus denied the claim for service connection for the cause of the veteran's death.

The appellant does not have recognized service that meets the requirements for basic eligibility for VA benefits, and therefore is denied legal entitlement to U.S. Department of Veterans Affairs (VA) benefits.

The Board denied the veteran's claim of service connection for postoperative residuals of a brain tumor due to exposure to sonar waves, finding that there was no credible medical data supporting this claim.

The veteran's lymphocytic lymphoma is in complete remission and has not resulted in any compensable disability. The Board finds that the current evidence does not support a higher evaluation.

The Board found that the March 1999 rating decision granting non-service-connected pension was clearly and unmistakably erroneous due to the appellant's inducted service as a Philippine Scout between October 6, 1945, and June 30, 1947. As such, he is not eligible for non-service-connected disability pension.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's tonsillectomy residuals are asymptomatic and denied a compensable rating.

The Board denied the veteran's claim for service connection for a stomach condition, finding no current stomach condition and no evidence linking any such disorder to service.

The Board found that the appellant knowingly made false statements in her claims for death pension benefits, leading to a forfeiture of her entitlement. The appeal is denied.

The VA denied a compensable evaluation for the veteran's service-connected loss of right testicle and history of right testicle torsion, status post right orchiectomy.

The Board found that the veteran's onychomycosis began in service and granted service connection for this condition.

The Board denied the veteran's requests for waivers of overpayments totaling $3,143 and $12,422 due to bad faith in failing to report SSA income changes.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not support a finding that VA personnel were at fault in failing to diagnose and treat vasculitis, leading to irreparable nerve damage.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran's death was caused by his service-connected right elbow disability, which contributed substantially and materially to his demise. The Board granted service connection for the cause of the veteran's death.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to lung disease, finding that it was not attributable to his active military service and instead related to nicotine dependence acquired during service by use of tobacco products. The statute and regulations set forth in 38 U.S.C.A. § 1103 and 38 C.F.R. § 3.300(b)(1) bar service connection for the veteran's cause of death if it resulted from disease attributable to the veteran's use of tobacco products during service.

The Board denied the veteran's claim for an increased rating of his service-connected residuals of a pleural cavity injury, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has granted the appellant's request for reimbursement of ambulance expenses incurred due to an emergency medical situation, as the need for prompt medical care was deemed necessary and there were circumstances preventing prior authorization.