Other conditions Board decisions

The Board denied the veteran's claims for service connection for the cause of his death and DIC under 38 U.S.C.A. § 1318 due to a lack of evidence supporting these claims, as well as issues regarding hypothetical entitlement.

The Board found that the veteran's claim of entitlement to service connection for degenerative joint disease of the thoracic spine is not well grounded and denied the claim.

The Board found that there was no fraud, misrepresentation or bad faith on the part of the veteran in creating the overpayment. Therefore, the claim for waiver of recovery of the overpayment is granted.

The veteran's claim for service connection for tremors has been dismissed due to the death of the veteran.

The Board has determined that the veteran's current diagnosis of hallux valgus is related to his inservice finding, thus granting service connection for this condition.

The veteran's service-connected residuals of an incomplete fracture of the left fifth metatarsal are currently manifested by mild tenderness near the base of the fifth metatarsal, as demonstrated on most recent VA examination in December 1999. The Board finds that these symptoms do not warrant a compensable evaluation.

The veteran's claim for service connection for an upper GI disorder, including peptic esophageal stricture, peptic ulcer disease, and a hiatal hernia was denied. The Board also found that the veteran did not meet his burden of proof to establish entitlement to benefits under 38 U.S.C.A. § 1151 for ALL as a result of failure to diagnose ALL during treatment at a VA facility from October 1987 to July 1988.

The Board previously granted service connection for residuals of frozen feet, but the issue of service connection for cause of death must be reconsidered as it relates to a service-connected disability.

The Board has denied the veteran's claim for service connection for a dental condition for VA outpatient treatment, finding that there is no competent evidence linking any current diagnosed conditions to service.

The Board denied the veteran's claims for an earlier effective date and a higher initial disability rating for his myofascial pain syndrome involving the thoracic spine, finding that no new evidence had been submitted to reopen the claim.

The Board of Veterans' Appeals has ordered the RO to locate and reconstruct the claims file, as it is incomplete. The case will be remanded for further development.

The Board found the claim not well-grounded due to lack of competent medical evidence linking the current symptoms to service or any other event.

The veteran's VA disability compensation is denied as it is subject to recoupment of the net amount of Special Separation Benefit (SSB) received at separation from service.

The Board denied the appellant's request for an effective date later than August 1, 1997, for the payment of non-service-connected death pension benefits. The proper effective date was determined to be July 1, 1997, as it is within 45 days of the veteran's death on July 19, 1997. Payment cannot be made before August 1, 1997.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death should be reopened due to new and material evidence, but it remains unclear whether the veteran's smoking in service contributed to his death.

The veteran's service is recognized, but he served as a guerrilla and in the Regular Philippine Army. The Board finds that this does not qualify him for nonservice-connected death pension benefits.

The Board found that the appellant's Charcot-Marie-Tooth disease was not incurred in or aggravated during his period of active duty for training, and thus denied service connection.

The Board has determined that the veteran's peripheral pigmented retinal spots in the peripheral retina of the right eye are at least as likely as not related to his injury during service, and thus grants service connection for this condition.

The Board found that the veteran's cause of death, cancer of the pharynx and esophagus, was not service-connected due to lack of evidence showing a connection between his exposure to herbicides in Vietnam and his fatal cancer.

The veteran's claim for service connection for PTSD is being remanded due to the need for additional development of his stressor claims and a psychiatric examination.