Other conditions Board decisions

The veteran's service-connected conditions have been evaluated based on the criteria set forth in the rating schedule. The RO has denied his claims for higher initial disability evaluations.

The Board denied the veteran's claims for an increased evaluation for interstitial lung disease and service connection for nicotine dependence. The March 1979 rating decision denying residuals of smoke inhalation was not found to be clearly and unmistakably erroneous.

The Board has granted a 60 percent rating for the veteran's Crohn's disease, finding that it meets the criteria for this higher rating based on its severity and frequency of exacerbations.

The Board has granted an increased disability rating of 50 percent for the appellant's service-connected psychiatric disorder, including schizoaffective disorder and depressive reaction. The current evaluation for lumbosacral strain remains at 20 percent.

The Board of Veterans' Appeals (Board) determined that the appellee, the veteran's second wife, is entitled to the proceeds from the veteran's NSLI policy. The appellant, who claimed she was the rightful beneficiary, presented evidence suggesting the veteran had changed his beneficiary without her knowledge or consent, but the Board found insufficient evidence to support this claim and upheld the decision of the RO&IC.

The Board denied the veteran's request for an effective date earlier than January 28, 1994, for the grant of a 80 percent disability evaluation for narcolepsy.

The VA denied an evaluation in excess of 50 percent for the veteran's service-connected Raynaud's syndrome, finding that the condition did not meet the criteria for a higher rating.

The Board denied the veteran's claims for increased disability evaluations for his service-connected post-operative left (non-dominant) acromioclavicular separation and residuals of a left thumb injury, finding that the evidence did not support ratings in excess of 10 percent.

The veteran's claim for a higher rating for his service-connected lipoma was granted, but the effective date remains unclear.

The veteran's claim for extended educational benefits beyond April 1, 1999 was denied as she did not meet the criteria for an extension due to lack of physical or mental disability preventing her from initiating or completing her education.

The Board has determined that it does not have jurisdiction to decide the matter of eligibility for attorney fees from past-due benefits, as addressed by the Court in Scates v. Gober.

The Board has dismissed the case as it lacks jurisdiction to review the issue of eligibility for attorney fees from past-due benefits due to a direct-payment contingency fee agreement.

The Board has determined that the veteran's residuals of a wound to his left arm are productive of no more than slight disability and thus does not warrant an evaluation in excess of the current noncompensable rating.

The Board has granted a 50 percent evaluation for the veteran's service-connected panic and dysthymic disorder, which is currently rated as 50 percent disabling.

The Board denied the veteran's attempt to reopen his claim for service connection for meningitis, finding that no new and material evidence had been submitted.

The Board denied the waiver of an overpayment of Department of Veterans Affairs (VA) pension benefits due to the appellant's failure to accurately report additional income, which was deemed a willful misrepresentation and bad faith.

The veteran's claim for an increased evaluation for his service-connected left varicocelectomy and hydrocelectomy was denied as he failed to report for scheduled VA examinations without good cause.

The Board has dismissed the case as it lacks jurisdiction to review the direct-payment contingency fee agreement between the veteran and his attorney.

The Board found that the appellant's appeal was not timely and dismissed her claim for basic eligibility to Chapter 35 educational assistance benefits.

The Board found that the veteran did not demonstrate fraud, misrepresentation or bad faith in connection with this matter and thus waived recovery of the overpayment of $1,088.00.