Other conditions Board decisions

The Board found that the appellant's claim for service connection for the cause of her husband's death, including eligibility for educational assistance benefits under Chapter 35, was not well-grounded. The evidence did not establish a medical nexus between the veteran's sarcoma and herbicide exposure in Vietnam or any other service-connected condition to his death.

The veteran's claim for an earlier effective date for a 60 percent evaluation for his service-connected discogenic disease, L5-S1, with spondylolisthesis was denied by the Board.

The veteran's nasal polyposis caused marked interference with breathing space from May 1, 1994, through May 17, 1994. From May 18, 1994, the condition has not resulted in any compensable impairment.

The veteran is seeking service connection for a stomach ulcer, but the RO needs to obtain his service medical records and any additional treatment records to make an informed decision.

The Board found that the veteran's service-connected psychiatric disability did not contribute substantially or materially to his death.,There is no medical evidence linking the veteran's service-connected psychiatric disability to his cause of death, chronic obstructive pulmonary disease.

The veteran's overpayment of improved pension benefits was denied due to his failure to report unearned interest income, which resulted in the creation of an overpayment. The RO's Committee on Waivers and Compromises found that recovery would not be against equity and good conscience.

The veteran's post-cessation residuals of prostate cancer are rated at a 40 percent disability rating, effective from November 1, 1998.

The Board found that the cause of the veteran's death was blunt force injuries sustained in a motor vehicle collision, and there is no medical evidence linking this to his service-connected Marie-Strumpell ankylosing spondylitis. The claim is denied.

The Board denied service connection for the cause of the veteran's death, finding that the diseases causing his death were not incurred in or aggravated by service and could not be presumed to have been so incurred.

The Board of Veterans' Appeals (Board) has decided that the veteran's claim for service connection for osteoporosis is denied, but acknowledges conflicting medical opinions and requests additional information from private physicians to clarify their views.

The Board found that the veteran was at fault in creating the overpayment and granted a partial waiver of $4,283. The remaining amount would not be waived due to financial hardship.

The veteran's request for a waiver of recovery of an overpayment in excess of $7,000 in VA improved disability pension benefits was denied because it was not made within the required 180-day period.

The Board denied service connection for residuals of a gunshot wound to the right temple and residuals of a shell fragment wound to the left eye, finding that there was no credible evidence of such injuries during active duty in Vietnam.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current respiratory disorder is not related to his military service.

The Board has granted a 30 percent rating for the service-connected right foot injury, which was previously rated at 10 percent.

The veteran's claim for a higher educational assistance rate was denied as there is no legal basis to award such a rate under Chapter 32, Title 38, United States Code.

The Board has granted a 20 percent rating for the veteran's duodenal ulcer disease, which is currently evaluated as 10 percent disabling.

The Board denied the veteran's claims for service connection for residuals of squamous cell carcinoma of the right base of the tongue and an increased evaluation for kidney stones. The evidence did not support a finding that these conditions were related to his military service, including exposure to herbicides.

The Board denied the veteran's claims for service connection for the cause of his death and for Chapter 35 benefits due to a lack of legal merit or entitlement under the law.

The VA determined that the appellant's claim for benefits under 38 U.S.C.A. § 1151 is not well-grounded because there is no evidence of additional disability resulting from her surgery and treatment.