Other conditions Board decisions

The Board found that the veteran does not have tumors of the chest and/or abdominal area as a result of Agent Orange exposure, and denied service connection for this condition.

The Board has determined that the submitted evidence does not serve to reopen the veteran's claim of entitlement to service connection for residuals of a right clavicle fracture.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to the decision being made.

The Board denied the veteran's requests for earlier effective dates for service connection and TDIU, finding that the earliest date of receipt by VA was February 12, 1999.

The Board denied the veteran's request for reimbursement of unauthorized medical expenses incurred in April 1998 due to a right hip fracture, finding that service connection had never been established for the condition and that the care was not related to any service-connected disability.

The Board denied the veteran's claim for service connection for ulcerative colitis as secondary to his service-connected PTSD, finding no evidence that the condition was caused or aggravated by military service.

The Board finds that the veteran's residuals of a compression fracture of L1, L2, and L3 warrant a 30 percent disability rating.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the claim of service connection for arthritis, concluding that there was no evidence linking the condition to service.

The Board found that the veteran's current gastrointestinal problems were not incurred or aggravated as a result of VA treatment or surgery in 1972, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection and financial assistance in acquiring specially adapted housing or special home adaptations, finding no new and material evidence to reopen his claim for a palsy disorder of the right hand and leg.

The Board has determined that recovery of the overpayment would not violate principles of equity and good conscience, as the appellant was neglectful in creating the debt but also faced significant financial hardship.

The Board denied the veteran's claims for evaluations in excess of 10 percent for patellofemoral pain syndrome of both knees, finding that there was no evidence of limitation of motion or instability warranting higher ratings under VA rating criteria.

The Board determined that the veteran's polyarthralgia of elbows, wrists, hands, hips, and knees does not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of current evidence showing loss of use of his left arm, and because he failed to appear for scheduled VA examinations without good cause.

The Board determined that the veteran's attorney was eligible for payment of an attorney fee from past-due benefits resulting from the August 1998 RO award. However, due to inadvertent release of the withheld amount by the RO, all past-due benefits had been paid to the veteran. The RO must now pay the attorney a sum calculated as equal to 20% of the past-due benefits resulting from the August 1998 award.

The Board found that the proper effective date for adding the veteran's spouse to his compensation award is December 1, 1999.

The Board denied the appellant's claim for apportionment of the veteran's nonservice-connected disability pension benefits on behalf of their minor children, J. and N., finding that the veteran was reasonably discharging his responsibility for supporting them.

The Board has determined that the veteran's failure to report his wife's income was the sole cause of the overpayment, and that recovery would result in undue economic hardship. The Board therefore grants waiver of recovery for the overpayment.

The Board found that the veteran's service-connected cardiac arrhythmia did not cause or contribute substantially to his death from end stage cardiomyopathy.