Other conditions Board decisions

The Board has dismissed the case as it does not have original jurisdiction to decide the eligibility for payment of attorney fees from past-due benefits.

The Board found that the claim of service connection for residuals of a neck injury is not well-grounded due to lack of competent medical evidence linking the current neck disorder to service or the service-connected left elbow disability. The claim for an increased rating for left elbow tendonitis was also denied as there were no additional findings from the VA examination conducted on remand.

The Board has determined that the veteran's duodenal ulcer does not meet the criteria for a disability rating greater than 20 percent, as there is no objective evidence of current duodenal ulcer or associated anemia and weight loss with related impairment of health.

The Board has denied the veteran's claims for service connection for right and left eye disorders, as well as her request for an increased evaluation for bipolar disorder. The evidence does not support a finding that any of these conditions are related to service.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding that there was no evidence of VA negligence or unforeseen events, and concluding that the veteran did not meet his burden to show a nexus between his bladder cancer and in-service herbicide exposure.

The Board has granted a 30 percent evaluation for the veteran's service-connected colon resection, effective from when the claim was filed.

The Board found it not factually ascertainable that the veteran experienced an increase in his service-connected atypical paranoid psychosis prior to June 22, 1994. Therefore, the effective date for a 100% disability rating remains June 22, 1994.

The Board has determined that additional medical records are needed to determine if the veteran's service-connected disabilities contributed to his death. The appellant is also asked to clarify her desire to pursue the cause of death claim and provide any necessary authorization for release of information.

The veteran's postoperative residuals of a laminectomy at L4-5 are productive of decreased sensation over the right foot, slight weakness of the left leg, and pain on motion. The RO granted a 20 percent evaluation for this condition in January 1969. In March 1998, the veteran appealed for an increased evaluation due to his recent cervical spine surgeries. After a VA examination in August 1998, the Board of Veterans' Appeals (BVA) granted a 40 percent evaluation based on moderate symptoms with recurring attacks.

The Board denied the veteran's claim for service connection for residuals of a head injury, claimed as craniotomy and shunt replacement due to lack of evidence linking his current condition to an in-service injury.

The Board denied the appellant's request for an extension of her ending date for payment of benefits pursuant to 38 U.S.C. Chapter 35, finding that she did not provide sufficient evidence to show a suspension of her program due to conditions beyond her control.

The Board denied the appellant's request for an effective date earlier than October 2, 1992 for the grant of DIC benefits.

The veteran's unauthorized medical expenses incurred from September 21 to September 22, 1998 were denied reimbursement by VA as he did not have a service-connected disability and the VA facilities were not feasibly available.

The veteran is seeking service connection for a gastrointestinal disorder. The Board has ordered the RO to schedule a VA examination and provide an opinion on whether the condition is related to his military service.

The VA determined that the overpayment of improved death pension benefits from December 1, 1985 to October 31, 1992 was properly created and waived $5,825 out of a total debt of $10,794.

The Board has determined that the appellant's claims for service connection for residuals of a fracture of the spine with traumatic arthritis, cataracts of the right eye, and dental trauma are not well grounded. The evidence does not establish a link between these conditions and his period of active duty in the Merchant Marine.

The Board denied a rating in excess of 30 percent for the veteran's thoracic spine disability, finding that his condition did not render him bedridden or require special accommodations.

The VA determined that the veteran's Raynaud's phenomenon does not meet the criteria for a higher rating, as there is no evidence of frequent vasomotor disturbances or characteristic daily attacks.

The Board found that the overpayment was properly created due to the veteran's failure to promptly notify VA of his divorce, which resulted in an overpayment from June 1993 to June 1995. The issue now is whether recovery would be against equity and good conscience.

The Board found that the veteran's left eye disability, characterized as anisometropia with subjective double vision, has not been demonstrated to meet the criteria for a compensable evaluation under Diagnostic Code 6090.