Other conditions Board decisions

The veteran's claim for service connection for residuals of tobacco usage, claimed as tobacco dependence and resulting cancer of the larynx was denied because it was filed after June 9, 1998, when a law prohibited such claims.

The Board found that the veteran's failure to notify VA of his September 1998 divorce and May 1999 remarriage created an overpayment, but waived recovery due to lack of fault on VA's part and undue hardship for the veteran.

The veteran's overpayment of improved pension benefits was denied due to his failure to report increased family income, which amounted to bad faith and resulted in a loss to the government.

The Board denied the petition to reopen the claim for service connection for cause of death, finding that no new and material evidence had been submitted.

The VA denied the appellant's claim for burial benefits due to her failure to file a timely application within two years after the veteran's death.

The Board determined that the veteran's allergies were not incurred in or aggravated by his military service.

The Court directed that service connection for defective hearing be reinstated as of October 1954 due to clear and unmistakable error (CUE) in the previous decision.

The Board found no evidence that the veteran's CVA was caused by VA treatment and denied both his claim for compensation under 38 U.S.C.A. § 1151 and his service connection claim secondary to PTSD.

The Board found that the veteran's preexisting spondylolysis and spondylolisthesis did not undergo any permanent increase of severity during service, thus denying service connection.

The Board has determined that the veteran's bilateral knee disability, specifically right and left chondromalacia patella, does not warrant a compensable disability rating based on current evidence of record. The RO previously evaluated the veteran's knee disabilities under Code 5024 (tenosynovitis) but found no basis for additional ratings due to lack of limitation of motion or other factors.

The Board denied the veteran's claims for service connection for ruptured bowel and amputation of the lower legs, both claimed to be caused by exposure to mustard agent in service. The medical evidence did not support a direct relationship between these conditions and the mustard agent exposure.

The VA denied a disability rating in excess of 10 percent for the veteran's residuals of right inguinal hernia repair from November 1, 1991 through September 30, 2000.

The Board denied the veteran's claim for an original evaluation in excess of 20 percent for separation of the right acromioclavicular joint, finding that the evidence did not support a higher rating based on current disability.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the hematoma to his left upper extremity was not caused by VA carelessness, negligence, or error.

The Board found that Alzheimer's disease and volvulus, which were not service-connected, did not contribute to the veteran's death. The appellant's claim for service connection for cause of death was denied.

The case is remanded to the RO for scheduling a Travel Board hearing and further development of the claim.

The Board has granted the veteran's request to waive recovery of an overpayment of $5,000.00 in his nonservice-connected disability pension benefits due to financial hardship.

The Board found that the veteran's service-connected dysthymia did not warrant an evaluation in excess of 10 percent, as it did not produce more than mild social and industrial impairment.

The Board denied the veteran's claim for service connection for a skin disability and an earlier effective date for compensation benefits. The decision concluded that there was no legal entitlement to payment of additional compensation for a dependent child earlier than November 1, 2000.