Other conditions Board decisions

The Board denied an increased evaluation for residuals of a gunshot wound of the left thigh, finding that the veteran had withdrawn from appeal such claim. The decision was based on the absence of written withdrawal.

The Board denied the veteran's claim for an effective date earlier than March 1997 for additional VA improved pension based on recognition of a dependent child, finding that [redacted] was not in the veteran's legal custody and he was not contributing to his support prior to March 1997.

The Board has determined that the veteran does not have residuals of a phrenic nerve injury as a result of his service-connected heart disorder and therefore, service connection for this condition is denied. Additionally, the criteria to establish compensation benefits under 38 U.S.C.A. § 1151 for additional disability characterized as residuals of a phrenic nerve injury due to surgery at a VA medical facility in July 1987 have not been met.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no evidence of combat participation and insufficient information to verify his claimed stressors.

The Board found that the veteran's respiratory disability was incurred in active service, particularly due to his exposure to burning oil wells during his deployment in Southwest Asia.

The veteran's death was due to myocardial infarction, and the appellant seeks nonservice-connected death pension benefits. The claim for accrued benefits is denied as there were no pending claims at the time of his death. The issue of nonservice-connected death pension benefits remains unresolved.

The Board has determined that the appellant does not have recognized military service and therefore is not eligible for VA benefits.

The veteran's request for a waiver to recover an overpayment of non-service-connected disability pension benefits was denied due to his failure to provide requested financial information and his alleged bad faith in the creation of the debt.

The veteran is seeking service connection for lymphomatoid granulomatosis with multiple pulmonary granules, which he claims was caused by exposure to chemicals in service. The VA has requested additional information and will conduct a medical examination to determine the etiology of his condition.

The Board has determined that the veteran's varicose veins were not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's left knee disability was evaluated as 20 percent disabling from April 20, 1998 to December 3, 1998. From December 4, 1998, the disability is rated at 10 percent due to arthritis and painful motion of the knee.

The Board has determined that the veteran's TMJ syndrome did not meet the criteria for a compensable rating prior to September 30, 1998.

The Board denied the veteran's request for waiver of recovery of an overpayment in his improved disability pension benefits, finding that substantial fault lay with the veteran and no undue hardship or defeat of the purpose of the benefit would result from recovery.

The Board has determined that an effective date earlier than December 1, 1998 for the award of DIC benefits is not warranted due to the appellant's failure to file a claim prior to that date.

The veteran's claim for a waiver of recovery of an overpayment of disability compensation benefits was granted, with the overpayment covered from August 1, 1996 through December 31, 1999.

The Board has found new and material evidence to reopen the veteran's claim for service connection for a nasal disability. The RO is required to schedule an appropriate VA examination to determine the nature and etiology of any current nasal disability.

The Board denied an increased rating for the veteran's service-connected thrombophlebitis of the right leg, finding that it did not meet the criteria for a higher evaluation.

The Board has reopened the claim of whether the veteran's death was due to his willful misconduct, finding that new and material evidence has been submitted. The decision concludes that the cause of death was the result of the veteran's own willful misconduct.

The VA denied the veteran's claim for a higher evaluation of his postoperative residuals of a gastrectomy and vagotomy, currently rated as 20 percent disabling. The Board found that the evidence did not support a rating in excess of 20 percent.

The Board denied the appellant's claim for an apportionment of the veteran's disability compensation benefits because they were divorced and therefore not considered a spouse under VA regulations.