Other conditions Board decisions

The Board has granted a 50 percent rating for residuals of a compression fracture of L-1 since July 10, 1995. The veteran previously received a 20 percent rating prior to that date.

The appellant is not eligible for VA improved death pension benefits as the surviving spouse of the veteran due to a lack of qualifying marriage and no children born before or during their marriage.

The VA denied the veteran's claim for service connection for the cause of his death, attributing it to metastatic carcinoma of the rectum which developed many years after service and is not related to any service-connected condition or exposure to Agent Orange.

The RO denied the appellant's claim for recognition as the veteran's surviving spouse, stating that no marriage occurred between the veteran and the appellant.

The veteran's service did not meet the legal requirements for the appellant's eligibility for VA non-service-connected death pension benefits.

The Board dismissed the appellant's claim for waiver of a VAMC debt due to lack of jurisdiction over the matter.

The VA determined that the veteran's postoperative diverticulitis with colon polyps does not meet the criteria for a higher rating than the current 10 percent.

The Board of Veterans' Appeals denied the veteran's claim for service connection for dental disability, finding that there was no evidence to support a finding of trauma or current dental injury during service.

The Board found that the overpayment of $1,849.40 was not properly created due to a sole administrative error and granted the veteran's appeal.

The veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to inadequate examination report and the need to consider separate ratings for instability and limited motion. The RO must also ensure all notification and development action required by the VCAA are completed.

The veteran's claim for waiver of overpayment of nonservice-connected pension benefits was denied as his actions constituted bad faith in seeking an unfair advantage.

The veteran's waiver request for an overpayment of nonservice-connected pension benefits was denied due to a finding of bad faith on his part. The Board concluded that the veteran engaged in unfair and deceptive dealings with VA, seeking an unfair advantage by not reporting receipt of Social Security income.

The Board has remanded the veteran's claims for service connection for carcinoma of the lower lip and emphysema, both claimed as secondary to tobacco use in service. The case is being returned to the RO for further development.

The Board has determined that the veteran's service-connected gastrointestinal disability contributed to his death from metastatic hepatoma, and thus grants the claim for cause of death.

The veteran's incontinence of the bowel is currently rated at 60 percent, which was granted by the RO.

The Board has determined that the veteran's spine disorder, which is currently rated as 10 percent disabling under Diagnostic Code 5291 (limitation of motion), does not warrant a higher evaluation. The medical evidence does not support findings of moderate intervertebral disc syndrome or other conditions that would allow for an increased rating.

The Board denied the appellant's claim for an earlier effective date for death pension benefits, finding that her initial claim was received on February 22, 1994, and payment began on March 1, 1994. The appeal is based solely on timing of the claim filing.

The Board has determined that the veteran's waiver claim is not precluded as a matter of law and has now proceeded to consider whether it should be granted under the principles of equity and good conscience. The case will be returned for further review.

The Board has determined that the January 1981 RO decision was based on clear and unmistakable error (CUE) in denying compensation under 38 U.S.C. § 351 for residuals of myocardial infarction with bilateral leg amputations as a result of VA treatment, and therefore grants the benefit.