Other conditions Board decisions

The Board has determined that the appellant's peptic ulcer disease, status post vagotomy with deformed duodenal bulb, is currently rated at 40 percent and does not warrant a higher rating.

The Board found that the appellant's claim for additional VA benefits for the veteran's estranged spouse prior to his death lacks legal merit or entitlement under the law, and thus denied the claim.

The Board denied the appellant's claim because his service did not establish him as a veteran for VA purposes.

The Board is considering whether new and material evidence has been submitted to reopen the claim for service connection for a cardiovascular disorder as secondary to the veteran's service-connected left leg amputation. If such evidence is found, the Board will then decide if all of the evidence warrants granting service connection.

The Board found that the veteran's eligibility for special mode of transportation at government expense was not properly terminated, as he is unable to defray the cost of his specialized wheelchair transport due to financial hardship.

The Board denied the veteran's claim for service connection for uncontrolled bowel movements as secondary to his service-connected residuals of a gunshot wound to muscle group XVII with right iliac crest bone injury, and degenerative disc disease at L5 to S1 due to lack of evidence showing a relationship between these conditions.

The veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $13,486.00 was denied due to a finding of bad faith. The veteran did not submit a timely notice of disagreement with this decision.

The Board has determined that the veteran's current spondylolisthesis at L5-S1 is not related to his military service and denied his claim for service connection.

The Board denied the veteran's claim for service connection for his left eye condition, finding that there was no evidence to support a link between his current condition and his military service.

The Board has determined that the veteran's current residuals of carcinoma of the right tonsil were not incurred in service or as a result of herbicide exposure. The claim for service connection is denied.

The Board found that the veteran's service-connected subtotal gastrectomy did not cause his death, and there was no evidence of a causal relationship between his service-connected condition and his cancer. The Board denied the claim for service connection for the cause of the veteran's death.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for black out spells, which was initially denied in 1976.

The Board dismissed the appeal because the veteran died during the pendency of the appeal, and therefore has no jurisdiction to adjudicate the merits of the claim.

The Board denied the veteran's claims for increased evaluations for her service-connected residuals of fallopian tube surgery, tinnitus, and skin lesions of the eyelid. The claim for total evaluation based on unemployability due to service-connected disabilities was also denied.

The Board has reopened the claim for service connection of residuals of rheumatic fever due to new evidence submitted, but it is not clear whether this evidence establishes a direct link between the veteran's current condition and his military service.

The Board denied service connection for the cause of the veteran's death and denied dependents' educational assistance benefits due to lack of well-grounded claims.

The Board has determined that the veteran's death was caused by his service-connected hypercholesterolemia, which is a well-known risk factor for myocardial infarction. The appellant is also granted eligibility for Dependents' Educational Assistance under Chapter 35 due to her husband's cause of death.

The veteran's claim for a higher evaluation of his service-connected labyrinthitis, currently rated as 30 percent disabling, to include an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1), is denied because he already has a compensable rating for the disability and there is no legal basis for a separate compensable rating for irritability of the labyrinth.

The Board found that the veteran's age and financial hardship made it against equity and good conscience to recover an overpayment of VA improved pension benefits, thus granting the waiver.

The Board has determined that the veteran's right shoulder disability warrants a rating of 30 percent, effective from the date of the decision.