Other conditions Board decisions

The Board denied the veteran's claims for increased evaluations of his service-connected left leg disabilities and found no clear and unmistakable error in the December 1979 rating decision regarding scars. The veteran was also denied a request to seek service connection for right knee and right leg disorders as secondary to his service-connected left leg disabilities.

The Board has determined that the veteran's service-connected fixed pupil, right eye warrants a noncompensable disability rating.

The Board has remanded the case due to inadequate records and incomplete information provided by the appellant. The RO is instructed to provide proper VCAA notification, obtain all relevant medical records, including those from the VA doctor who provided an opinion regarding the cause of death, and then review the claim on the basis of all evidence.

The Board denied service connection for the cause of the veteran's death and denied entitlement to accrued benefits due to a late claim.

The veteran's claim for service connection for colon cancer as a result of exposure to ionizing radiation, chemicals, and/or Agent Orange is being remanded due to the need for additional development regarding potential onsite participation in nuclear tests.

The Board has decided to remand the case for additional development and notification, as required by the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's claim is related to whether they can be recognized as a minor child of the veteran for VA benefits purposes. The appeal will now proceed with further actions from the RO.

The Board denied the appellant's claim for educational assistance benefits under Chapter 35, finding that he did not meet the age requirement due to his birthday occurring after the effective date of the permanent and total disability rating.

The Board denied service connection for bilateral myopic astigmatism and presbyopia, finding that the veteran's visual acuity decreased during his military service but not showing any increase in severity. The claim was dismissed as there is no entitlement to service connection under VA law.

The Board has remanded the case due to incomplete records and a need for further examination.

The Board found that the veteran's cause of death, metastatic pancreatic cancer, was not caused by or substantially contributed to by a service-connected disability. The preponderance of evidence did not support a finding that diabetes mellitus (a service-connected condition) caused or contributed to the veteran's death.

The Board found that no new and material evidence had been received since the August 1993 RO decision, thus denying the appellant's request to reopen her claim for revocation of forfeiture of VA death benefits.

The Board found that the appellant is not entitled to recognition as the veteran's widow for purposes of VA benefits due to a separation from the veteran in the early 1950s, which was not due to the misconduct or procurement by the veteran without fault of the surviving spouse.

The Board finds that the veteran's cardiovascular, respiratory, and digestive disorders are not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or other fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's current left eye disorder is causally related to an injury sustained during his active military service, and thus grants service connection for this condition.

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

The veteran's appeal is being remanded for additional development of the record, including obtaining medical records and addressing potential application of 38 C.F.R. § 3.321(b)(1).

The veteran's claim for DIC benefits under 38 U.S.C.A. § 1318 is denied because the disability was not continuously rated totally disabling for at least ten years immediately preceding death.

The Board found that the creation of an overpayment of VA compensation benefits in the amount of $2,802.00 was proper and denied the veteran's request for a waiver.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that her actions constituted bad faith and thus waived recovery is precluded.

The Board denied the veteran's claims for increased ratings for his service-connected skin conditions, finding that there was no evidence of any symptoms or impairment warranting a compensable rating under the applicable VA rating criteria.