Other conditions Board decisions

The VA has determined that the veteran's tremors of head and hands, residuals of lacunar infarct do not warrant a higher disability rating than the current 30 percent assigned.

The Board found that the April 1954 rating decision was not clearly and unmistakably erroneous, as it correctly applied the applicable rating criteria.

The veteran's appeal has been dismissed due to his death.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of valid military service, as determined by the United States Army Reserve Personnel Center (ARPERCEN).

The veteran's claim for an earlier effective date for disability compensation was denied as there is no provision for paying benefits from an earlier date based on the VA not monitoring whether disability compensation or retirement pay is the greater benefit after a veteran has elected to receive one of these benefits.

The Board has denied the veteran's claim for service connection for lung disability, to include emphysema, due to tobacco use. The issue is still pending as new and material evidence was not submitted.

The veteran is seeking an increased evaluation for his stroke residuals, currently rated at 10 percent. The RO must review the claims file and ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 are completed before readjudicating the claim.

The Board denied the appellant's claim for service connection for the cause of the veteran's death in December 1992, which was upheld by the Court. The appellant reopened her claim on December 16, 1994, and the Board granted it effective from that date.

The Board denied the motion alleging clear and unmistakable error (CUE) in their June 1991 decision, concluding that the moving party did not meet the requirements for basic eligibility for Department of Veterans Affairs pension benefits due to lack of recognized military service.

The Board determined that the appellant knowingly and intentionally submitted false statements in support of her claim for VA benefits, leading to forfeiture of all rights under VA laws (except those pertaining to insurance benefits).

The veteran's disability, a fracture of the right foot, is currently rated at 20 percent and the Board finds that it does not meet the criteria for an evaluation in excess of this rating.

The Board has remanded the case due to new provisions of the Veterans Claims Assistance Act of 2000, requiring additional development and notification.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the total original amount of $3750, finding that it would not be against equity and good conscience to require repayment.

The Board found that the appellant's failure to report her income was not excusable, and thus the overpayment of $39,959.32 was not improperly created. The Committee on Waivers and Compromises determined that the appellant acted in bad faith, precluding waiver of the overpayment.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of interference with breathing or obstruction of nasal passages resulting from his in-service nasal fracture.

The Board denied the veteran's petition to reopen his claim for service connection for residuals of a gunshot wound to the right thigh, finding that no new and material evidence had been submitted.

The Board found that the veteran's claimed chronic weakness of the lower extremities is not causally related to VA treatment, including anti-psychotic medication prescribed for schizophrenia.

The veteran's PTB has been inactive since 1947 and does not meet the criteria for an evaluation in excess of 30 percent.

The veteran's claim for service connection for metastasized squamous cell carcinoma of the pharynx, claimed as resulting from ionizing radiation exposure during military service, is denied. The RO must request further information and evidence regarding the veteran's alleged exposure at March Air Force Base.

The Board has granted service connection for the veteran's skin disorder, finding that it is related to his active duty service.