Other conditions Board decisions

The veteran's claim for earlier effective date for service connection and evaluation of hammer toes, bilateral, was granted. The effective date is set as the date of receipt of the application to reopen the claim.

The veteran's service-connected deformity of the left hand little finger is currently rated as 10 percent disabling. The Board found that this level of disability does not warrant a higher evaluation, as it is most consistent with the current 10 percent rating.

The veteran's claim for an earlier effective date for compensation under the provisions of 38 U.S.C.A. § 1151 was denied as there is no provision in law for such a request and the June 1985 rating decision denying service connection for loss of right testicle remains valid.

The Board found new and material evidence suggesting a link between the veteran's service injury and his current eye disability, thus reopening the claim. The decision is mixed as some issues support granting service connection while others do not.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits is granted, as it would not be against equity and good conscience to recover the overpayment.

The Board has determined that the veteran's service-connected residuals of gunshot wounds involving Muscle Group XVII are currently productive of moderately severe impairment, warranting a 40 percent disability evaluation.

The case is being remanded for a Board hearing by videoconference at the appellant's local VA regional office.

The Board found that the appellant was not eligible for DIC benefits as the surviving spouse of the veteran due to her legal divorce from him at the time of his death in September 1991.

The Board denied the veteran's application to reopen a claim of service connection for a right ear disability, finding that the new evidence submitted was cumulative and did not establish a basis for reopening the claim.

The Board has determined that the appellant does not have valid service in the United States Armed Forces and therefore, is not a veteran for purposes of entitlement to VA benefits.

The Board has determined that the veteran's service-connected corneal opacities of the right eye do not currently result in any compensable disability, as there is no active pathology and the current visual impairment is attributed to other ocular conditions. As a result, an increased rating for this condition is denied.

The Board found that since January 1999, the veteran through his custodian was providing for his dependents and reasonably discharged his responsibilities to his spouse and children. Therefore, apportionment was terminated as of January 1, 1999.

The Board denied the claim as the deceased veteran was not a 'veteran' for any purpose under Chapter 23, and thus not eligible to claim VA burial benefits.

The veteran's appeal is about a disability rating for neurotic excoriations. The RO increased the rating from 10 to 50 percent in March 1999, but the veteran wants an even higher rating. The case has been remanded due to the need for additional medical examinations and development of evidence.

The veteran's transitional cell carcinoma of the bladder is granted service connection as it was incurred during his active duty. The claim for hearing loss has not been reopened due to lack of new and material evidence.

The veteran's failure to report his and his spouse's additional income resulted in an overpayment of Improved Disability Pension benefits. The Board found bad faith on the part of the appellant, leading to denial of waiver of recovery.

The Board denied the application to reopen the previously and finally denied service connection claims for a left-hand disability and a left elbow disability due to lack of new and material evidence.

The Board has granted the veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $1,802.53 due to fault on his part and undue hardship resulting from repayment.

The VA has determined that the appellant's varicose veins of the left lower extremity are currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 7120. The claim for an increased rating is denied.

The Board denied the petition to reopen a claim for service connection for residuals of a head injury due to lack of new and material evidence.