Other conditions Board decisions

The Board dismissed the appeal because the appellant died during the pendency of the case, thus losing jurisdiction.

The Board has determined that the veteran's service-connected bilateral foot disabilities, characterized as tibialis posterior tendonosis of the right foot and pes planus bilaterally, warrant a separate 10 percent evaluation for each foot.

The Board found that the veteran's death was not caused by any service-connected disability and denied the claim for service connection for the cause of his death.

The veteran's application for Chapter 30 educational benefits was denied because the apprenticeship program he completed did not qualify for retroactive payment due to the one-year rule.

The veteran's duodenal ulcer and post-gastrectomy condition was previously rated as noncompensable, but the RO determined it should be increased to 20 percent effective August 7, 2000. The claim is being remanded due to additional evidence received after the April 2002 Supplemental Statement of the Case.

The Board found that the appellant was not entitled to a higher rate of death pension benefits from June 1, 1993, to March 31, 1995.,The Board also found that the appellant was not entitled to a higher rate of death pension benefits from April 1, 1995, to February 28, 1996.

The veteran's current right hand disorder was caused by an injury sustained during a VA hospitalization from July 2 to July 4, 1992. The injury resulted from risks created by circumstances or incidents of the hospitalization.

The Board found that the veteran's intestinal cancer was not caused by his service-connected gunshot wounds and denied both the claim for service connection for the cause of death and DIC benefits.

The Board denied an increased rating for the veteran's service-connected fracture of the right hand, finding that his disability results in no significant limitation of function.

The Board of Veterans' Appeals (Board) found that the veteran's countable income from January 1, 2000 was properly computed and ordered a reduction in his pension payments.

The Board has determined that the veteran's brachial plexopathy, resulting from a total right shoulder arthroplasty at a VA facility in March 2000, was not caused by willful misconduct and is due to an unforeseeable event occurring during VA surgical treatment. As such, the requirements for compensation benefits pursuant to 38 U.S.C.A. § 1151 have been met.

The Board has determined that the veteran's bilateral hip disorder is not related to his service-connected low back disability and therefore, denied the claim for service connection.

The Board of Veterans' Appeals has denied an increased rating for the veteran's right knee disability, which is currently rated at 10 percent.

The Board has determined that the appellant's service-connected duodenal ulcer does not manifest current symptoms and therefore, a compensable evaluation is denied.

The VA determined that the veteran's status post right inguinal hernia does not meet the criteria for a compensable evaluation, as there is no evidence of recurrence or need for a truss or belt. The current noncompensable rating remains in effect.

The Board has determined that the veteran's shell fragment wound to the left upper back, sustained during combat action with the enemy, was incurred in service and is therefore granted service connection.

The appellant is not eligible for death benefits as the veteran's surviving spouse due to a lack of legal marriage and other eligibility criteria.

The Board has determined that no new and material evidence was submitted to reopen the veteran's claims of service connection for ear infections and perforated eardrums, as the additional evidence does not provide a causal link between these conditions and his military service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left leg condition. The additional evidence suggests that the veteran's preexisting left leg condition increased in severity during service.

The VA determined that the veteran's residuals of a shell fragment wound with retained metallic fragments in the chest wall do not warrant an increased evaluation.