Other conditions Board decisions

The Board determined that the appellant's spouse did not have qualifying service in the United States Armed Forces and therefore is not considered a veteran for VA benefits purposes.

The Board is unsure if service connection can be established for the cause of the veteran's death, as it depends on whether new and material evidence has been submitted. The case will be remanded to gather additional medical records and information.

The veteran developed protein C deficiency with deep vein thrombosis of the right lower extremity during service and has been under treatment for this disorder since discharge from service. The Board found that the condition was incurred in peacetime service.

The Board has determined that the veteran's deep vein thrombosis of the right leg is due to his service-connected right ankle injury, and thus grants service connection for this condition.

The Board denied increased evaluations for ulnar nerve disabilities and abdominal pain, as well as a total rating based on individual unemployability. The decision was not reversed due to clear and unmistakable error.

The Board has determined that the veteran's death was caused by a condition for which he had service-connected disabilities, thus granting DIC benefits.

The Board found that the veteran does not have loss of vision in his left eye due to service-connected disability. The claim for SMC based on need for regular aid and attendance was granted, but the claim for financial assistance in purchasing an automobile or conveyance was denied.

The Board found that the veteran's service-connected tropical sprue with absorption syndrome is currently rated appropriately at 30 percent and does not warrant an increase in disability rating.

The Board denied increased ratings for the veteran's left and right leg patella tenosynovitis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board denied service connection for ankylosing spondylitis, finding that the evidence did not create a new factual basis warranting service connection.

The Board has determined that the creation of the overpayment was not due to VA administrative error, but rather a delay in response from the Arkansas Department of Prisons. The veteran argues he should not be charged with the overpayment as he was incarcerated during the period and his estranged spouse received retroactive apportionment of benefits.

The Board has determined that the veteran's joint pain, including in his elbows, shoulders, low back, and knees, is a manifestation of an undiagnosed illness related to service in the Southwest Asia theater during the Gulf War. Service connection for this condition is granted.

The Board denied the appellant's claim for VA benefits as he did not have valid service to establish eligibility.

The Board has denied the veteran's claims for service connection for a prostate disorder due to exposure to Agent Orange and for a nervous disorder. The issue of service connection for a left leg amputation as secondary to a service-connected disorder is characterized as an issue in which the question of the submittal of new and material evidence is not relevant.

The veteran's claim for waiver of overpayment of improved disability pension benefits in the amount of $14,380 is granted. The Board finds that recovery would not be against equity and good conscience.

The Board finds that the veteran's tobacco dependence did not start in service and is not related to his service. The leukoplakia, diagnosed as a throat disorder, was most probably caused by his smoking habit over the past 20 years.

The veteran's service-connected neck injury is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted based on current symptomatology.

The Board denied an effective date prior to March 24, 1989 for the grant of service connection for hairy cell leukemia due to a lack of timely submission of a claim to reopen following the final denial in March 1986.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $25,000.00 against his FTCA settlement award. The veteran does not meet the basic eligibility requirements for Chapter 31 vocational rehabilitation benefits.

The veteran's peripheral vascular disease of the right foot was incurred during active military service and is therefore granted service connection.