Other conditions Board decisions

The veteran's service during the Cold War period is not considered a 'period of war' for pension eligibility purposes, and thus he does not meet the basic eligibility requirements for pension benefits.

The Board denied the reopening of the claim for service connection for Stargardt's disease due to lack of new and material evidence.

The Board denied the veteran's request to reopen her claim of service connection for a nervous condition, finding that no new and material evidence had been submitted.

The veteran's service-connected right thigh laceration is manifested primarily by a moderately severe wound to Muscle Group XIV, and the Board finds that it most closely approximates the criteria for a 30 percent rating under Diagnostic Code 5314.

The Board has determined that the veteran's conditions have improved under ordinary conditions of life, warranting restoration of a rating of 30 percent for residuals of bilateral medial meniscus tears.

The Board denied the veteran's claims for extensions of temporary total ratings based on convalescence following surgeries in November and September 1990, finding that the criteria were not met.

The Board found that the December 21, 1967 rating decision did not contain clear and unmistakable error in continuing the 60 percent evaluation for service-connected gunshot wound of the right femur with nonunion and granting a total rating for compensation based upon individual unemployability.

The Board denied the claim for service connection for the cause of death due to cardiovascular disease, finding that there was no evidence linking the veteran's death to his military service.

The veteran's overpayment of improved pension benefits was waived due to no indication of fraud, misrepresentation, or bad faith on his part. The VA did not have fault in the creation of the overpayment and there is no evidence of unjust enrichment.

The Board has determined that the veteran did not suffer from additional disability resulting from a bladder injury sustained during VA surgical treatment in July 1998, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's esophageal cancer, which caused his death, was not related to his military service or exposure to herbicide agents. The claim for service connection for the cause of the veteran's death is denied.

The Board denied the veteran's application to reopen his claim for service connection for residuals of a back injury and also denied an increased rating for varicose veins of the right leg. The evidence submitted since December 1994 was not new or material, and the veteran's current conditions are rated at 40 percent.

The Board has granted a rating of 30 percent for the appellant's service-connected ulcerative colitis, which is currently rated as such. The appellant maintains that her current rating does not adequately reflect the severity of her condition.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not married to him at the time of his death.

The Board determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA benefits (except healthcare under Chapter 17 of the United States Code).

The Board dismissed the appeal because the veteran died during the pendency of the appeal, and therefore has no jurisdiction to adjudicate the merits of the claim.

The Board denied the veteran's claims for service connection for a lung mass in the left upper lobe, an increased rating for shrapnel wound residuals with pleural cavity injury, and TDIU. The lung mass was found to be unrelated to his service-connected pleural cavity injury and not due to any disease or event that occurred during service.

The Board has granted service connection for bilateral knee disorders, but denied the request for an earlier effective date. The veteran's claim was reopened in July 1997 and he is now entitled to benefits as of that date.

The Board has determined that the reduction in the veteran's 100% disability rating for osteomyelitis of the left tibia was proper, and he is now rated at 20%. The evidence shows sustained improvement in his condition.

The Board has determined that the veteran's chronic pulmonary disability, including bronchiectasis, is not related to his service-connected Barrett's esophagitis and therefore cannot be granted secondary service connection. The Board also found no direct link between the veteran's active service and his current lung condition.