Other conditions Board decisions

The Board has determined that the full amount of a $70,000 FTCA settlement should be offset against the veteran's compensation benefits and that an overpayment in the amount of $1,346 was not properly created. The appeal is granted for both issues.

The Board has reopened the veteran's claim for service connection for corns and calluses of the feet due to new evidence showing current disability. The Board then found that there was a link between the veteran's current condition and his military service, granting service connection.

The Board has determined that additional development is needed in the appellant's case, including obtaining medical records and scheduling VA examinations to evaluate his service-connected post-operative residuals of a herniated disc at L4-5. The RO will then re-evaluate his claim under both the old and new rating criteria for intervertebral disc syndrome.

The Board has vacated and remanded the case due to insufficient evidentiary development. The RO must review all evidence, including a letter from the Army Discharge Review Board (ADRB), and readjudicate the appellant's claim that his OTH discharge is not a bar to VA benefits, other than health care under Chapter 17, Title U.S.C.

The Board has determined that the veteran's status post herniated disc, L4-5, L5-S1 meets the criteria for a 40 percent rating, which is higher than the current 10 percent rating. The veteran will receive this increased rating effective from May 2001.

The Board has granted service connection for ptosis of the left eye, finding that it is proximately due to or the result of a service-connected left eyelid scar. The issue of a higher rating for the left eyelid scar remains pending.

The veteran, who served during World War II and was honorably discharged, is eligible for VA burial benefits due to his wartime service.

The Board found that the appellant's forfeiture of benefits was not reopened due to lack of new and material evidence, thus denying his request.

The Board found that the veteran's personality disorder was not incurred in or aggravated by service, and denied his claim for service connection.

The VA determined that the veteran does not have a chronic acquired neck disorder or arthritis of the left hand linked to service, and thus denied his claims.

The Board found no evidence linking the veteran's polyarthralgias of multiple joints to his service, including presumed exposure to Agent Orange. The claim was denied.

The Board has granted a 30 percent evaluation for the veteran's residuals of fracture of the left clavicle, which is higher than the current 20 percent rating.

The veteran's claim for service connection for emphysema or other lung disease is being remanded to the RO for further development and consideration.

The Board has remanded the case for additional development and consideration of all evidence received since the December 2000 statement of the case.

The Board of Veterans' Appeals denied the veteran's claim for a waiver of recovery of an overpayment of disability pension benefits.

The VA denied the veteran's claim for service connection for NHL due to exposure to Agent Orange, as there was no evidence of his service in Vietnam.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a cardiovascular disorder, as all received evidence was duplicative or cumulative.

The veteran's claim for an increased rating for his service-connected right ring finger injury is being remanded due to procedural issues and the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted a 10 percent rating for the veteran's service-connected dermatophytosis, which is manifested by seasonal exacerbations in the form of flaking and lesions of the feet. The decision under the old criteria warranted a 10 percent rating due to intermittent symptoms during summer months.

The Board finds that P.R. is entitled to recognition as the surviving spouse of the veteran for purposes of VA benefits, including nonnegotiated and accrued benefits due to her continuous cohabitation with the veteran prior to his death.