Other conditions Board decisions

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death, which was previously denied in January 1983. The appellant now contends that a traumatic aneurysm caused by a mortar blast during service contributed to her husband's death.

The Board has denied the veteran's claims for service connection for a chronic right eye disability due to trauma and for residuals of fracture of the left tibia. The decision also noted that refractive error is not a compensable condition.

The veteran's claim for an increase in his service-connected status post torn left forearm muscle is being remanded due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The veteran's claim for service connection for the residuals of a cold weather injury was denied as there is no competent medical evidence linking any current disability to his in-service exposure.

The Board has determined that the veteran's fatigue, weight gain, irritability, lightheadedness, sore joints, and muscle pain of the back are attributable to an undiagnosed illness related to his service in the Persian Gulf War. As such, service connection for these conditions is granted.

The Board denied the veteran's claims for an increased disability evaluation for his deviated nasal septum and service connection for a sleep disorder secondary to his service-connected deviated nasal septum, finding that he is not entitled to higher evaluations under VA rating criteria.

The Board denied the claim for an earlier effective date for a total disability rating based on individual unemployability, finding no evidence of entitlement to such benefits prior to February 23, 1998.

The Board denied the appellant's claim as she did not meet the legal requirements for recognition as the veteran's surviving spouse, thus denying her eligibility to receive VA benefits.

The veteran's claim for an effective date earlier than December 3, 1991 for the award of service connection for a left ulnar transposition was denied.

The RO denied the veteran's claims for an increased rating and a total disability rating based on individual unemployability due to service-connected disabilities. The veteran was not provided with a supplemental statement of the case after receiving additional evidence, which may affect the outcome.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits, finding that collection would not violate principles of equity and good conscience.

The Board has granted the veteran's claim for service connection for a psychosis, including schizoaffective disorder. The appeal was reopened due to new and material evidence submitted by the veteran.

The veteran's appeal was not timely filed, and thus the June 1997 rating decision denying service connection for multiple disabilities remains final.

The Board denied the appellant's request to reopen his claim for service connection for amputation of the right leg, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's cause of death, bronchogenic carcinoma and small cell undifferentiated carcinoma, was due to nicotine dependence acquired during his military service. The case is granted.

The Board of Veterans' Appeals has determined that the veteran's arthritis of the hips is service-connected as secondary to his service-connected bilateral flatfoot.

The Board has determined that the appellant's grandchildren cannot be considered adopted children of the veteran for VA benefits purposes due to their birth after the veteran's death and lack of living in his household at the time of his death.

The Board denied the veteran's claim for waiver of recovery of an overpayment of pension benefits in the amount of $17,220.00.

The Board has granted a 20 percent disability rating for left lower extremity weakness, status post cerebrovascular accident with left hemiparesis. The claim for a disability rating greater than 20 percent for left upper extremity weakness is denied.

The veteran's appeal is remanded to the RO for scheduling a 'Travel Board' hearing. The issues of service connection for presbyopia and diarrhea are pending.