Other conditions Board decisions

The veteran's claims for service connection for residuals of a back injury, right hand arthritis, and left foot disorder were denied. The Board found that the evidence did not support these claims.

The Board denied an increased evaluation for the veteran's service-connected gunshot wound to the left abdomen, finding that his disability did not warrant a higher rating.

The Board found no evidence to support a service connection for choroidoretinitis of the right eye, as there were no complaints or treatment records in service and current medical evidence does not establish a link between the veteran's current condition and his military service.

The veteran's death was caused by a presumptively service-connected respiratory cancer due to exposure to Agent Orange in Vietnam.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for right foot drop secondary to VA surgery, finding that there was no evidence of fault on VA's part and that right foot drop is a known complication of hip replacement.

The VA denied an increased disability rating for the veteran's service-connected postgastrectomy syndrome, currently rated at 20 percent.

The Board found that a partial waiver of recovery of an overpayment of compensation benefits on behalf of a dependent spouse in the amount of $738 was warranted due to the veteran's failure to notify VA of his remarriage, which resulted in the creation of the overpayment. The decision also noted that collection would not deprive the veteran or his family of basic necessities and would not defeat the purpose for which the benefits were intended.

The Board denied the veteran's claim of entitlement to service connection for strabismus, finding that new and material evidence had not been submitted since the previous denial in June 1971. The Board concluded that there was no evidence showing that the pre-service strabismus was aggravated by military service.

The Board has reopened the veteran's claim for service connection due to new and material evidence showing that his current progressive demyelinating disorder may have developed during or as a result of service.

The Board found that the veteran's back disorder was not related to his military service and denied his claim for service connection.

The Board denied the claim for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $545 due to the lack of entitlement to such payment as the claimant was not a designated living payee or beneficiary.

The Board found no evidence of service-connected disability that caused the veteran's death, and denied the claim as there was no service connection for any condition. The cause of death listed on his death certificate was disseminated carcinomatosis with carcinoma of the lung.

The Board denied the reopening of a claim for service connection for peptic ulcer disease, finding that no new and material evidence had been submitted to establish a link between the condition and service.

The Board has denied the veteran's claim, finding that his compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to recoupment of an award settlement in a tort claim.

The Board denied the veteran's claims for service connection for a back injury and for a total rating based on individual unemployability due to service-connected disabilities.

The veteran's claim for an initial compensable evaluation for residuals of a mouth injury was denied, as the evidence did not show that his disability manifested by greater disability than encompassed by a noncompensable evaluation in the year prior to December 1, 1990.

The Board denied the veteran's claim of entitlement to service connection for a skin disorder claimed as being due to Agent Orange exposure, finding that chloracne was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The chronic skin disorder was also found not to be related to service.

The Board found that the veteran's service-connected subtotal gastric resection with post-operative residuals and small bowel obstruction is manifested by not more than moderate postgastrectomy syndrome, which does not meet the criteria for a higher rating. The claim for an increased rating was denied.

The Board denied the veteran's claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance (DEA) under Chapter 35, as there was no evidence linking his heart disorder to service-connected malaria.

The Board found that the overpayment was validly created due to the veteran's failure to report a change in marital status, and granted the waiver of recovery.