Other conditions Board decisions

The veteran's claim for service connection for a respiratory disorder has been pending since 1970. The Board of Veterans' Appeals (Board) previously determined that new and material evidence had not been submitted to reopen the claim, but this decision was remanded by the Court due to procedural issues. The case is now being reviewed again on the merits with consideration of newly submitted evidence.

The veteran's appeal for waiver of recovery of an overpayment of improved pension benefits was dismissed due to his death.

The Board found clear and unmistakable error in its October 1989 decision that did not address the reduction of the veteran's rating for shell fragment wound residuals, which was subsequently reduced to zero percent. The Board now grants a restored 10% disability evaluation.

The Board denied the appellant's claim for increased death pension benefits due to her income exceeding the maximum annual rate of improved death pension.

The Board has reopened the claims for varicose veins of the right leg and peptic ulcer disease, finding new and material evidence. The effective date is January 20, 1998.

The Board denied the veteran's claims for increased disability ratings and service connection for various conditions, including a shrapnel wound to the left leg. The evidence did not support higher ratings or service connection.

The Board denied the veteran's claim of entitlement to service connection for bilateral hip dysplasia, finding that there was no evidence showing a pre-existing condition aggravated by military service.

The Board denied the veteran's claim for an initial compensable evaluation for cervicitis post-biopsies with a history of squamous metaplasia, finding no evidence of current cervicitis or other relevant symptoms.

The Board found that the veteran's current jaw disability, to the extent it exists, is not due to his own willful misconduct for compensation purposes.

The Board found that the veteran's residuals of a left tibia and fibula fracture are productive of no more than slight knee and ankle disability, thus denying an increased evaluation.

The Board found no evidence of a new disability caused by VA treatment, and denied the claim for benefits under 38 U.S.C.A. § 1151.

The veteran's service-connected depressive neurosis is currently rated at 30 percent, effective from September 9, 1999. The rating for lumbosacral strain and herniated nucleus pulposus remain denied.

The VA denied an increased rating for the veteran's hemopneumothorax, assigning a noncompensable rating initially and then a 30 percent rating effective May 5, 1999. The evidence did not show any significant lung impairment prior to May 5, 1999.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for central herniated nucleus pulposus at C5-C6 level and mild bulging annulus at L5-S1, finding that there is no competent medical evidence linking these conditions to his period of active service.

The Board denied service connection for craniofacial dystonia (Meige syndrome), claimed as brainstem lesions with organic brain syndrome and tardive dystonia causing TMJ dysfunction, finding that the disability was not incurred in or aggravated by service. The claim for reopening of a lipomatous lesion of the posterior neck was also denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of DIC benefits due to her intentional misrepresentation of income, resulting in a $3,431.68 overpayment.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no medical evidence linking any of the conditions with the veteran's military service or a service-connected disability.

The veteran's claims for service connection for carcinoma of the bladder and hair loss due to exposure to Agent Orange are not well grounded.

The veteran's claim for service connection for a dental disorder, including periodontal disease, is denied as the condition did not result from in-service trauma and his application was not timely filed.

The Board denied the veteran's claim for service connection for joint pain of the wrists and elbows as due to an undiagnosed illness, finding that his claim was not well-grounded.