Other conditions Board decisions

The appellant's claim for DIC benefits under the provisions of 38 U.S.C.A. § 1318 as a surviving spouse was denied because she was not recognized as the surviving spouse of the veteran due to her divorce from him in 1994.

The Board of Veterans' Appeals has determined that the veteran does not have a current lung disorder, including emphysema, and finds no evidence linking any such condition to his active service. Therefore, the claim for service connection is denied.

The Board has reopened the claim of service connection for residuals of a left forearm fracture due to new and material evidence submitted since the June 1985 denial. However, the claim is denied as the appellant's preexisting condition did not undergo a chronic or permanent worsening during his period of active duty for training.

The veteran's claim for an increased evaluation for his service-connected residuals of a gunshot wound to the left middle toe with arthritis of the toes was denied by the Board. The evidence showed that the disability is currently manifested by stiffness and pain, but no functional limitations on standing or walking.

The veteran's appeal was denied for increased ratings and SMC, as well as TDIU due to his service-connected left elbow disability. The RO assigned a 40 percent evaluation effective February 6, 1996.

The Board has determined that the veteran's right foot disability is not related to service or any incident therein, and therefore denied his claim for service connection.

The Board denied the appellant's claims for service connection for residuals of exposure to ionizing radiation other than skin cancer, an evaluation in excess of 70 percent for PTSD, and a total disability rating based upon individual unemployability.

The Board has reopened the claim of continued recognition as the veteran's surviving spouse for VA death benefits and granted it. The overpayment of DIC benefits was also determined to be proper.

The Board found that the veteran's actinic keratosis and basal cell epithelioma were not incurred in or aggravated by service, nor are they proximately due to his service-connected melanoma.

The Board has granted the veteran's claim for service connection for post traumatic stress disorder.

The Board has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees under direct payment contingency-fee agreements.

The veteran's cause of death was not caused by a service-connected disability, and the appellant is not eligible for accrued benefits or death pension.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking a psychiatric disability to his military service or contributing to his death.

The Board has determined that the veteran's claimed TMJ syndrome and jaw disorder are not related to his military service, and thus denied his claim for service connection.

The Board denied the appellant's claims for service connection for conjunctivitis and pharyngitis, finding no current diagnosis of these conditions. The claim for a bilateral knee and lower leg disorder was also denied as not well-grounded.

The Board has determined that the appellant does not qualify as a 'veteran' for purposes of VA benefits due to lack of service in the United States Armed Forces, and thus denies basic eligibility for VA benefits.

The veteran's service-connected low back disability, manifested by slight limitation of motion, is rated at a 10 percent rating.

The Board found that the veteran was not at fault in creating the overpayment and that recovery would not cause undue financial hardship. The decision granted a waiver of the overpayment.

The Board has found that the appellant's failure to inform the VA of her receipt of income was not due to fraud, misrepresentation or bad faith. Therefore, waiver of recovery of the overpayment is granted.

The Board has remanded the case due to incomplete development and requests that additional evidence be obtained before a decision can be made on the veteran's claim for service connection for a stomach disorder.