Other conditions Board decisions

The Board has granted a 40 percent rating for the veteran's service-connected back disability, effective from the date of this decision.

The veteran's appeal is denied as he did not meet the legal criteria for reimbursement or payment of unauthorized private medical expenses under 38 U.S.C.A. § 1728.

The Board found that the veteran's suicide was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The Board found that the veteran's failure to report his spouse's income accurately resulted in an overpayment of improved pension benefits. The Committee on Waivers and Compromises (Committee) determined that recovery would not violate principles of equity and good conscience, as the fault lay solely with the veteran.

The Board has dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The appellant does not have loss of use of her right leg, and therefore, she is not eligible for a certificate of eligibility for financial assistance in the purchase an automobile or other adaptive equipment or conveyance.

The Board has granted the veteran's claims of service connection for residuals of laryngeal cancer and nicotine dependence, finding that these conditions are related to tobacco use during active service.

The VA denied an evaluation in excess of 10 percent for the veteran's service-connected surgery residuals of the right middle finger, as his symptoms do not warrant a higher rating based on limitation of motion.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for treatment at a VA Medical Center in Iowa in 1966, which resulted in his current spinal cord injury residuals. The RO denied the claim as it was not well grounded due to lack of review of the veteran's 1966 treatment records.

The veteran's service-connected right lower extremity weakness is rated at 40 percent, and his right upper extremity weakness is also rated at 40 percent. The veteran is granted SMC for need of regular aid and attendance but not for housebound status.

The Board denied the veteran's claims for reopening his lung disability claim and service connection for nicotine dependence due to lack of new and material evidence, and because the law bars such claims after June 9, 1998.

The veteran's claim for service connection for chronic lymphocytic leukemia was denied as there is no medical evidence linking the condition to his military service or a blood transfusion he received in 1974.

The Board denied the veteran's claim for service connection for a gastrointestinal disorder manifested by nausea and vomiting, claimed as diverticulitis. The decision found that there was no medical evidence linking any current gastrointestinal disorder to the veteran's military service.

The Board has determined that the veteran's service-connected residuals of shell fragment wounds to his right hand and left lower leg do not warrant a compensable rating, while he is entitled to a 40 percent disability rating for his service-connected residuals of a shell fragment wound (SFW) of muscle group XVII in his right lower back.

The Board has determined that the veteran's skin disability of the feet is service-connected, with no need for a presumption or secondary basis. The VA examiner opined that the current condition is related to his active duty in Vietnam and subsequent treatment.

The Board denied the claimant's request to be recognized as the veteran's surviving spouse for VA purposes, finding that she did not meet the legal requirements.

The Board denied service connection for the cause of the veteran's death, finding that his lung disability did not have a causal relationship to his active service or any service-connected condition.

The Board denied the veteran's claim for an increased rating and his CUE claim. The veteran was awarded a 40% disability evaluation for residuals of a gunshot wound, but the Board found no clear and unmistakable error in the February 1974 rating decision.

The veteran is granted an effective date of June 28, 1995 for his 100% rating under the provisions of 38 U.S.C.A. § 1151 and 38 C.F.R. § 3.383 for the retinal detachment of his left eye due to cataract surgery at a VA medical center, with an additional nuclear sclerotic cataract of the right eye causing bilateral blindness.

The Board found that the overpayment was properly created due to the veteran's failure to notify VA of his divorce, and denied recovery as it would not be against equity and good conscience.