Other conditions Board decisions

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance benefits due to a delay in receiving individual unemployability determination, which prevented the VA from awarding educational assistance prior to August 22, 1996.

The Board denied the appellant's claim to reopen her DIC claim as the unremarried widow of the veteran due to lack of new and material evidence. The appeal was dismissed.

The Board determined that the veteran's period of service from February 5, 1975 to October 1, 1976 was considered voided due to fraudulent enlistment and misconduct. As a result, this period is not valid for VA benefits.

The Board finds that the appellant developed neuropathic pain syndrome in his right foot as a result of VA medical treatment rendered in April 1995, and this additional disability is compensable under 38 U.S.C.A. § 1151.

The Board denied the appellant's request for waiver of recovery of an overpayment of Section 306 pension benefits in the amount of $24,750.08 due to misrepresentation on her part.

The veteran's appeal for an increased rating for his traumatic amputation, distal phalanx, left index finger disability is dismissed.

The Board denied an increased evaluation for the veteran's service-connected right tibia fracture residuals, currently rated at 20 percent.

The Board found that the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was not well-grounded due to lack of cognizable evidence showing a causal connection between his eye injury and VA treatment, resulting in denial.

The Board has determined that the cause of the veteran's death was aspiration pneumonia due to or as a consequence of cerebral vascular accident. The appellant is seeking service connection for these conditions and Dependents' Educational Assistance under Chapter 35. The appeal is being remanded to obtain VA medical records from Albuquerque, New Mexico.

The Board denied the veteran's claim for an increased rating for his right knee disability, finding that the current evaluation of 30 percent is appropriate based on the severity of his residual weakness and pain.

The Board found that the injuries sustained in a motor vehicle accident during service were not incurred in line of duty due to the veteran's willful misconduct, specifically his consumption and intoxication from alcohol prior to operating the vehicle.

The veteran's appeal has been dismissed due to his death.

The veteran's service-connected residuals of a right leg fracture are currently rated as 10 percent for traumatic arthritis of the right knee, 10 percent for a postoperative scar on the anterior aspect of the right knee, and 10 percent for a postoperative scar in the mid-shaft area of the right lower leg.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his improved pension benefits, finding that the veteran misrepresented his family income to VA and willfully failed to disclose this information. The decision is based on clear notifications from VA regarding reporting obligations.

The Board denied the veteran's claim for an increased disability rating of 40 percent for his right forearm disability, finding that the current rating adequately reflects the severity of his condition.

The Board has determined that the veteran's claim for service connection for postoperative peptic/duodenal ulcer with peritonitis and gastritis is not well-grounded, thus denying the claim.

The Board found that the reduction in the rating for adenocarcinoma of the prostate from 100% to 60% was proper. The veteran's loss of bowel sphincter control is currently rated at 30%. There is no legal basis for a higher combined service-connected disability evaluation.

The Board denied the claim of service connection for the cause of death due to esophageal carcinoma and pancreatitis, finding it not well grounded.

The Board has determined that the claim for service connection for the cause of death is not well-grounded and denied. The appellant's eligibility for Dependents' Educational Assistance under Chapter 35 is also denied.

The veteran's claim for nonservice-connected pension benefits is denied as he does not meet the basic eligibility requirements.