Other conditions Board decisions

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 has been dismissed due to the death of the veteran.

The veteran was in receipt of a 100% disability rating for defective hearing, which is considered service-connected. The appellant's claim for DIC under 38 U.S.C. § 1318 is granted as the veteran had been rated totally disabled by VA continuously for at least ten years prior to his death.

The Board has determined that the veteran's herniated disc at L5-S1 warrants a 20 percent evaluation, as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has granted service connection for the veteran's adenocarcinoma of the cecum/colon and rectal condylomas as a result of exposure to ionizing radiation during active service, but denied service connection for prostate problems. The effective date is not specified.

The Board denied service connection for cerebellar ataxia in December 1998. The RO found that new and material evidence had not been submitted to reopen the claim, and the appeal is now denied.

The Board of Veterans' Appeals has determined that the veteran's service-connected fractured right cuboid bone does not warrant a disability rating higher than 10 percent.

The Board denied the appellant's claim for death benefits as a surviving spouse due to her divorce from the veteran prior to his death, and thus she does not meet the criteria for eligibility.

The Board found that the veteran's lactose intolerance was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. As such, the claim for service connection for lactose intolerance was denied.

The appellant has withdrawn their appeal, so the case is dismissed.

The Board found that the veteran's failure to report his wife's retirement income and a small discrepancy in interest income did not constitute willful misrepresentation or bad faith. Recovery of the overpayment would result in undue hardship for the veteran due to basic family living expenses.

The Board has determined that the veteran's death was caused by respiratory failure, which is not service-connected. However, due to new evidence and procedural issues, the claim will be remanded for further development.

The veteran's income was found to be excessive for VA improved pension benefits, and his claim was denied.

The Board denied the veteran's claim for an effective date prior to January 20, 2000, for a permanent and total disability rating for pension purposes.

The veteran seeks an increased rating for his service-connected post traumatic stress disorder, which is currently rated at 30 percent. The Board has remanded the case due to issues with the evidentiary record and changes in the law regarding disability evaluations.

The Board has granted a separate compensable (10%) evaluation for service-connected hyperesthesia of the right lingual nerve, in addition to the current rating for temporomandibular joint dysfunction.

The veteran's service-connected painful left great toe with fracture of the tibial sesamoid results in severe disability, but does not meet the criteria for a higher rating due to loss of use of the foot.

The Board has denied the veteran's claims for increased ratings for his service-connected splenectomy, midline abdominal scar, and left lateral scar of the abdomen. The evidence does not support an increase in disability rating for any of these conditions.

The Board has determined that the delay in diagnosing and treating the veteran's CVA resulted in increased disability, warranting compensation benefits under 38 U.S.C.A. § 1151.

The Board found that the appellant was not permanently incapable of self-support at the time of her 18th birthday due to congenital nevus, and thus denied her claim.

The Board denied the appellant's claim that her earned income should be counted as income in determining entitlement to non-service-connected death pension benefits, finding that it is countable income and thus denying the appeal.