Other conditions Board decisions

The Board denied the veteran's claim for service connection for diverticulosis, finding that it did not begin during or as a result of his military service.

The Board has determined that the veteran's thrombophlebitis of the left lower extremity does not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board found no evidence of a chronic genitourinary disorder during service or within one year post-service, and there is no indication that the current urinary incontinence is related to service.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for purposes of receiving VA death benefits.

The Board held that consideration of waiver of recovery is not precluded by bad faith, but remanded for further development due to the appellant's language barrier and VA's failure to promptly notify her of her entitlement to SBP benefits.

The appellant's claim for nonservice-connected death pension benefits was denied as her income exceeded the statutory level for the annualized period in which she received the income.

The Board has restored the veteran's prior 10% disability rating for his service-connected left groin strain as there is no evidence of improvement in his condition and his subjective complaints have remained unchanged.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence was not presented.,The Board also determined that the appellant does not have basic eligibility for entitlement to death pension due to her spouse's only service being recognized Philippine guerrilla service.

The Board denied an increased evaluation for the veteran's service-connected fracture of the right calcaneus, finding that the disability picture more closely approximates moderately severe impairment, which allows a rating of 20 percent.

The Board of Veterans' Appeals has determined that the appellant is not entitled to special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound, as she does not meet the criteria set forth in the regulations.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service, finding that he did not have valid military service as per U.S. regulations.

The veteran's death was caused by a presumptively service-connected respiratory cancer, which is associated with exposure to herbicide agents in Vietnam. The Board granted the claim for service connection for the cause of the veteran's death.

The Board has determined that the appellant is entitled to an effective date of December 1, 2000 for the award of non-service-connected death pension benefits, with payment commencing on January 1, 2001.

The Board has determined that the veteran's coronary artery disease, which was service-connected, caused his death from an acute myocardial infarction.

The veteran's failure to report his divorce in 1997 resulted in an overpayment of compensation benefits, and the Board found that this constituted bad faith. The VA denied the request for waiver of recovery.

The Board found that the appellant's daughter, who was diagnosed with mental retardation and limited in her ability to independently manage her own affairs or maintain employment, met the criteria for being a helpless child of the veteran.

The veteran's appeal is remanded due to the need for a hearing before a current member of the Board.

The Board found that the overpayment of VA compensation benefits in the amount of $766.33 was properly created due to the veteran's continued acceptance of his full benefits despite being aware he should not have received them, and denied a waiver of recovery.

The Board found that the veteran's current lung disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318, finding that there was no evidence linking the veteran's cardiovascular disease to his military service.