Other conditions Board decisions

The veteran's claim for VA compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no evidence to support a finding that his current eye disability resulted from negligence or fault in the provision of VA medical care. The Board also denied the veteran's claim for a total disability rating due to individual unemployability arising from service-connected disabilities, as he did not meet the criteria based on his combined schedular ratings and the nature of his service-connected conditions.

The Board denied the veteran's request for waiver of recovery of an overpayment in improved disability pension benefits, finding that fault lay with the veteran and not against equity and good conscience.

The Board has granted a 30 percent evaluation for reflex sympathetic dystrophy of the left foot, but denied increased ratings for traumatic amputation of the left great toe and skin infection at the left great toe amputation site.

The Board found that the veteran's current circulatory and neurologic dysfunction of the feet, possibly residual from frozen feet during service, is a result of his military service. As such, he is granted service connection for residuals of frozen feet.

The Board has determined that the appellant's claims for increased ratings are denied as there is no evidence of ankylosis or other disabling conditions warranting higher ratings between November 9, 1992 and March 27, 1996. Beginning April 1, 1997, the Board finds that the disability does not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the appellant is entitled to compensation under 38 U.S.C.A. § 1151 for dystonia of the tongue, to include tardive dyskinesia, as a result of VA medical treatment.

The veteran is seeking an increase in the evaluation for his service-connected torticollis, which was previously rated at 10 percent. The case has been remanded to obtain additional medical evidence and conduct a VA examination.

The Board denied the reopening of a previously denied claim for service connection for conjunctivitis, finding no new and material evidence to support the claim.

The veteran's appeal regarding the August 1978 rating decision denying a total rating based on individual unemployability was denied due to lack of clear and unmistakable error. The RO found that the correct facts were not before the adjudicator at the time, but did not find any statutory or regulatory provisions incorrectly applied.

The Board denied a higher evaluation for the veteran's hiatal hernia with history of ulcerative colitis and ulcerative proctitis, status post colonoscopies, finding that the disability did not warrant an evaluation in excess of 30 percent.

The Board determined that the appellant did not serve in active military, naval, or air service during a period of war and therefore is not eligible for nonservice-connected pension benefits.

The Board of Veterans' Appeals has determined that the veteran's respiratory disorder, which includes concentric type bronchiolitis obliterans, is related to exposure to a chemical solvent during service. The claim for service connection is granted.

The Board has determined that the veteran's organic brain syndrome is secondary to his service-connected head injury, and thus grants the claim for service connection.

The Board has denied the veteran's claim for an increased evaluation for duodenal ulcer with gastritis, finding that the condition is currently manifested by tenderness on palpation of the abdomen and active bowel sounds producing no more than moderate impairment. The preponderance of evidence does not support a higher rating.

The VA has granted a 10 percent evaluation for the veteran's service-connected bilateral chondromalacia, effective from the date of the August 1994 rating decision.

The Board of Veterans' Appeals (BVA) has determined that the appellant's brother did not have valid military service for purposes of eligibility for VA benefits, and thus the appellant cannot establish basic eligibility for VA benefits.

The Board found that the veteran's minimal fault in creating the loan guaranty indebtedness justified a partial waiver of recovery, requiring repayment of $2000.

The Board of Veterans' Appeals has determined that the veteran's non-Hodgkin's lymphoma is service-connected due to exposure to radiation during his military service.

The Board denied the appellant's claims for service connection for a disorder manifested by pain in the left side of the body and an increased evaluation for postoperative hiatal hernia with gastritis and dumping syndrome. The claim for PTSD was also denied, but the appellant is now entitled to a 50% evaluation effective July 14, 1999. The low back disability claim remains pending.

The Board denied the veteran's claims for service connection for left hip disorder and lung condition, finding that there was no evidence of a nexus between these conditions and his military service. The claim for an initial disability rating in excess of 10 percent for left knee disability was also denied.