Other conditions Board decisions

The veteran's claim for an earlier effective date for a 70% disability rating for a right brachial plexus injury was denied as the evidence did not show that a claim was received within one year of the date of injury.

The Board has granted an initial evaluation of 10 percent for the veteran's service-connected right fourth finger injury, but denied his claim for a higher initial evaluation for his service-connected panic disorder.

The veteran's claim for an increased disability evaluation for his left tibial and fibular fracture residuals with malunion was denied because he failed to report for a scheduled VA examination.

The Board finds that the veteran's death was not caused by VA treatment, and thus DIC under 38 U.S.C.A. § 1151 for the cause of his death has been denied.

The veteran's appeal was denied because the evidence of unreimbursed medical expenses was not received within one year following the denial of his initial claim for nonservice-connected pension benefits based on excessive family income.

The Board granted a 40 percent disability evaluation for the veteran's right lower extremity disorder, effective from January 12, 1998. The decision affirmed that separate evaluations for varicose veins and post-phlebitic changes could not be rendered as there was no medical differentiation made between the symptoms of each disorder.

The veteran's appeal has been dismissed due to their death.

The Board denied service connection for an equilibrium problem (claimed as dizziness) and the propriety of a rating in excess of 10 percent for tinnitus. The claim for increased evaluation for left ear hearing loss was remanded to the RO.

The Board found that the overpayment of VA compensation benefits in the amount of $6,812.00 was not properly created due to administrative error and thus granted the veteran's claim.

The VA determined that the appellant's residuals of a shell fragment wound of the right hand, with retained foreign body involving Muscle Group IX, do not warrant an increased rating beyond the current 10 percent.

The veteran's service does not meet the threshold requirements for eligibility for VA pension benefits, and his claim for nonservice-connected disability pension benefits is denied.

The Board denied the veteran's claim of entitlement to service connection for atrophy of the right cerebral hemisphere with mild left hemiparesis, claimed as amyotrophic lateral sclerosis due to a finding that his disability preexisted service and was not aggravated by service.

The Board found that the veteran did not have a current disability related to his in-service left eye injury and denied his claim for service connection.

The Board determined that the appellant's discharge from his military service was under dishonorable conditions due to willful and persistent misconduct, specifically drug abuse. As a result, he cannot be considered a veteran for VA benefits purposes.

The VA awarded the appellant non-service connected pension benefits effective from March 1994 based on reported income. However, due to unreported Social Security retirement benefits, an overpayment of $12,184 was created and waived.,An additional overpayment of $26,373 was also created due to administrative error by the VA in not considering the appellant's spouse's employment status, which led to a readjustment of his pension award.

The Board denied the appellant's claim that her daughter is a helpless child of the veteran, finding no evidence to support this status.

The VA determined that the veteran's service-connected residuals from right bicipital tendon surgery warrant a 10 percent disability rating, effective as of the date his claim was filed.

The Board found that there is no evidence of a bilateral callous condition during service and the veteran did not receive a medical examination at separation. The current callous condition was first noted 40 years after service, and there is no indication it is related to service.

The Board has found that new and material evidence had been submitted to reopen the claim, resulting in a denial of service connection for residuals of a left eye injury on the basis that the claim was not well grounded.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for dependent's educational assistance under Chapter 35, finding that there was no reasonable possibility that the veteran's disease resulted from radiation exposure in service.