Other conditions Board decisions

The Board denied the appellant's claim for basic eligibility for VA non-service connected disability pension benefits due to lack of legal merit, as his service did not constitute active military, naval, or air service.

The Board found that the July 1946 rating decision was clearly and unmistakably erroneous in failing to assign a 10 percent rating for the veteran's duodenal ulcer, which demonstrated mild disability at the time. The appeal is granted.

The Board denied the veteran's claim for reimbursement of unauthorized private medical services due to the treatment not being rendered in a medical emergency and VA facilities being feasibly available.

The Board has determined that the veteran's infertility, which manifested during her service and is believed to be due to an infection, was incurred in or aggravated by service.

The veteran's net proceeds from an automobile accident settlement in November 1998 are considered countable income for improved disability pension benefits, reducing his rate until December 1, 1999.

The Board denied the appellant's claim for accrued benefits owed to his mother on account of her death due to service-connected causes, as he is not a child and did not bear the expenses of her last sickness and burial.

The Board has dismissed the appeal due to the death of the appellant, as it no longer has jurisdiction over the case.

The veteran's claim for an earlier effective date for additional benefits for his dependent son was denied as he did not file the status of his son within one year after turning 18 years old, and the RO awarded retroactive benefits starting from September 1, 2000.

The Board dismissed the appeal due to the veteran's death, and no decision was made regarding apportionment of his disability compensation benefits.

The Board found that the veteran's incontinence was not caused by his 1989 prostate surgery and denied his claim under 38 U.S.C. § 1151.

The Board denied the appellant's request to revoke the forfeiture of her VA benefits, finding that no new and material evidence had been submitted since the final January 1956 decision.

The Board denied a rating higher than 10 percent for the veteran's service-connected post-operative residuals of intervertebral disc syndrome in May 1997. The decision was not clearly and unmistakably erroneous.

The veteran died in October 1998 and the appellant is seeking nonservice-connected VA burial benefits. The Board denied the claim as there was no evidence that the veteran had a pending claim for pension or compensation at the time of his death.

The VA denied the appellant's claim for payment of, or reimbursement for, unauthorized private medical expenses due to lack of service-connected disability.

The Board found that the veteran's left ear disability was not incurred in or aggravated by his military service and denied his claim.

The Board denied the veteran's claim for outpatient dental treatment and related dental appliances, finding that he was not eligible based on the provisions of 38 C.F.R. § 17.123b (1995).

The veteran's keratitis of the left eye and contusions of the os calcis, bilateral were granted increased ratings of 10% each for the period from September 30, 1992 to November 19, 1996.

The Board found that the overpayment of $18,386 was properly created and not due solely to administrative error. The veteran's actions did not constitute fraud, misrepresentation or bad faith on the part of the appellant as to the overpayments of his pension benefits in the amount of $18,386.

The veteran's left lower leg thrombosis was evaluated at 30 percent from February 1, 1997 to January 11, 1998. A separate 10 percent evaluation for mild neuropathy of the left lower extremity was granted during this period. From January 12, 1998 to July 21, 1998, a 60 percent evaluation was granted for thrombosis with retained foreign body affecting muscle group XI in the left calf. The veteran's claim for an evaluation in excess of 60 percent from July 22, 1998 remains pending.

The Board denied service connection for the cause of the veteran's death due to a fatal lymphocarcinoma, which was not related to his military service.