Other conditions Board decisions

The Board finds that the veteran's claims for service connection for nicotine dependence and residuals of smoking, including respiratory disorder, breathing problems, and emphysema, are denied as they are not legally meritorious due to a statutory prohibition on such claims.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for nasal problems claimed as due to injury during in-service root canal surgery. The issue is now considered on its merits.

The Board denied the appellant's claim for dependency and indemnity compensation because she was not married to the veteran at the time of his death, which is a requirement under VA regulations.

The Board denied the claimant's request for waiver of recovery of an overpayment of $16,678 in VA death pension benefits due to her bad faith in not reporting additional income.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for bilateral hammertoes. However, the evidence does not warrant a grant of service connection as it is unclear whether the current condition was aggravated by military service.

The Board denied the veteran's claims for an extension of a temporary total rating and increased evaluation for his right knee disability, finding that there was no evidence demonstrating severe postoperative residuals such as therapeutic immobilization or weight-bearing prohibitions.

The Board denied the veteran's claim for a compensable initial rating for residuals of his left index finger fracture, finding that there was no demonstrable limitation of function and thus no basis for a higher evaluation.

The Board denied the veteran's request for waiver of recovery of an overpayment of educational assistance under Chapter 30, finding that recovery would not be against equity and good conscience.

The Board denied the veteran's claim for service connection for chest pain, finding that there is no current diagnosis of a chronic disability caused by service.

The veteran's claim of service connection for Amyotrophic Lateral Sclerosis has been resolved in his favor, and he is now receiving a 100% disability evaluation.

The veteran's claim for outpatient dental treatment at VA expense is denied as he does not meet the eligibility criteria and no legal basis exists to provide free dental care.

The Board denied the appellant's claim for service connection of the cause of death, finding that no disability related to active service was the principal or contributory cause of death.

The Board found that the appellant's eligibility for Chapter 1606 educational benefits had expired, and thus denied her claim.

The case is being remanded due to the need for updated information on the appellant's income and medical expenses, as her claim may be eligible for VA death pension benefits.

The veteran's status post colon perforation with bowel resection is rated at 50% from February 1, 1998. The ventral hernia, postoperative, is rated at 20% for the period from February 1, 1998 to May 27, 1998; 20% for the period from August 1, 1998 to January 19, 1999; and 20% from March 1, 1999. A separate scar evaluation of 10% is granted for the periods February 1, 1998 to May 27, 1998; August 1, 1998 to January 19, 1999; and March 1, 1999.

The VA denied the veteran's claim for an increased rating for his impairment of the left elbow, finding that the disability did not warrant a higher evaluation.

The Board found no evidence of inflammatory arthritis in service or within one year postservice, and denied the veteran's claim for service connection.

The Board denied a rating in excess of 20 percent for the veteran's service-connected right leg injury, finding that his disability has been consistently rated at 20 percent since February 29, 2000.

The Board found that the appellant had no recognized military service with the Armed Forces of the United States, and thus denied his claim for basic eligibility for VA benefits.