Other conditions Board decisions

The veteran's overpayment of VA improved pension benefits in the amount of $31,703.00 was denied due to his intentional withholding of information from the VA regarding his receipt of SSA disability benefits.

The Board has determined that the veteran's adenocarcinoma of the rectosigmoid colon with metastases is at least as likely as not a result of his exposure to Agent Orange during active service, and thus grants service connection for this condition.

The veteran's appeal for service connection for adenocarcinoma of the rectosigmoid colon with metastases has been dismissed due to his death.

The Board has granted a 40 percent rating for the service-connected residuals of hemilaminectomy, which was previously rated as 10 percent disabling.

The Board finds that the veteran's claim for service connection for neck cancer is well grounded, meaning plausible, as there is medical evidence of a current disability and presumed service incurrence due to exposure to Agent Orange. The case is remanded for further examination and review.

The Board has determined that the veteran's service-connected gastrointestinal disability, specifically his post-operative subtotal gastrectomy secondary to gastric ulcer, does not warrant an increased evaluation beyond the current 40 percent rating.

The veteran's claim for an increased rating of his service-connected urethritis is being remanded due to the need for a current VA genitourinary examination.

The Board denied both claims: an earlier effective date for pension benefits and service connection for the cause of death. The veteran's brain tumor was not linked to his military service, including any potential exposure to herbicides.

The Board denied an increased rating for the veteran's service-connected bladder neck contracture with postoperative history of prostatitis, finding no functional disturbance of the bladder or urinary tract infection.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied claims for service connection for the cause of the veteran's death, DIC benefits, and educational assistance.

The Board has determined that the veteran's residuals of a gunshot wound to the left thigh warrant a 40 percent rating, which is the maximum schedular rating available for severe muscle injury. The hip disability is rated as 20 percent disabling due to mild degenerative changes.

The Board found that the veteran's claims for service connection were not well grounded, as there was no medical evidence linking his current lung disorder to tobacco use during active service or nicotine dependence acquired in service.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for foot fungus is not well-grounded due to a lack of competent medical evidence linking his current disabilities to service.

The Board has determined that recovery of the overpayment of $1,062.00 in pension benefits is against equity and good conscience due to financial hardship.

The veteran is seeking to reopen his claim for service connection of a duodenal ulcer. The Board will review the evidence to determine if new and material evidence has been submitted, applying the less stringent Hodge standard.

The Board denied the appellant's claim to establish her adopted grandson J. as a child of the veteran for VA purposes due to the adoption occurring more than 17 years after the veteran's death and not meeting the criteria for an 'adopted child' under VA regulations.

The veteran's service-connected disability is the residuals of gastrectomy with gastro-jejunostomy for duodenal ulcer disease, evaluated at 60 percent disabling. The Board has remanded the case due to insufficient evidence regarding the veteran's employability.

The Board denied the appellant's claim for non-service-connected pension benefits due to lack of legal merit, as his service did not meet the eligibility requirements.

The veteran's appeal is being remanded for additional medical examination and development of his claims file. The issue remains whether he should receive a higher rating for his right fifth finger fracture.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.