Other conditions Board decisions

The veteran's failure to report his receipt of Social Security benefits led to an overpayment in pension benefits. The Board found that the veteran engaged in bad faith by not reporting this income, resulting in a denial of waiver of recovery.

The veteran's notice of disagreement with the May 1995 RO rating decision, determining that there was no new and material evidence to reopen the claim for service connection for somatization disorder, was received within the prescribed period and is considered as being timely filed.

The Board has granted the veteran's request for waiver of recovery of overpayment of VA pension benefits and also granted an earlier effective date for the nonservice-connected VA pension.

The Board denied a rating in excess of 20 percent for the veteran's residuals of left hand gunshot wound with ring finger shortening, as his disability did not meet criteria warranting an increased rating.

The Board denied secondary service connection for a right testicle disorder and dysphonia, as well as special monthly compensation based on loss of use of a creative organ.

The Board has determined that the veteran's amputation of the right great toe was caused by an infection acquired during VA treatment, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has granted an effective date of August 15, 1991 for the award of a 70 percent evaluation for service-connected dysthymia with panic disorder.

The Board has determined that the veteran's claim of entitlement to service connection for blindness should be remanded due to new evidence submitted by the veteran and a need to consider the Veterans Claims Assistance Act of 2000.

The Board denied service connection for a glomus jugular tumor as secondary to exposure to toxic chemicals and herbicide agents (AO) due to lack of competent medical evidence linking the condition to active service.

The veteran's complaints of joint pain, numbness, and swelling in the left hip and right wrist were attributed to known diagnoses and are not related to service. The claim for service connection is denied.

The Board has dismissed the appeal as there is no justiciable case or controversy before it.

The Board has granted a 30 percent rating for the veteran's service-connected residuals of non-Hodgkin's lymphoma of the tongue, which includes xerostomia and speech impairment. The current rating is based on the permanent nature of these side effects.

The Board found no evidence of soft tissue sarcoma in service or post-service, and thus denied the claim for service connection as secondary to Agent Orange exposure.

The veteran is seeking an increased evaluation for his service-connected low back disability, spondylolisthesis at L5-S1. The RO has ordered a VA examination to assess the current extent of the disability and determine if separate ratings are warranted.

The Board has determined that the veteran's dysthymic disorder meets the criteria for a 100 percent disability evaluation. The May 1991 rating decision, which granted service connection and assigned a 30 percent disabling rating, is denied as there was no clear and unmistakable error (CUE).

The Board has reopened the claim for service connection for a right leg condition and finds that it was incurred in service. The veteran currently has a scar on his right calf which is a residual of a skin lesion excised from the right calf during service. Service connection is granted for this condition. Regarding the left leg condition, the Board found no evidence to support an increase in rating beyond noncompensable.

The Board denied the veteran's claim for service connection for a hernia, finding that there was no evidence of a chronic condition in service and insufficient medical opinion to establish a nexus between his current hernia and military service.

The Board determined that the appellant did not have valid military service and therefore is not eligible for VA benefits.

The Board denied the appellant's claim for an effective date earlier than October 1, 1998 for payment of Dependency and Indemnity Compensation (DIC) benefits due to the lack of legal merit under both the old and new regulations.

The Board has determined that the reduction in rating for the veteran's service-connected Epstein-Barr infection from 20 percent to 0 percent, effective December 1, 1999, was not proper.