Other conditions Board decisions

The Board finds that the veteran's nicotine dependence and tobacco-related chronic respiratory disability are not related to service, and thus denies the claim.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and eligibility for dependents' educational assistance under 38 U.S.C. Chapter 35, finding that there was no reasonable possibility that the veteran's lung cancer was caused by his exposure to ionizing radiation in service.

The Board denied service connection for the post-operative residuals of a benign tumor of the submaxillary gland, finding that the appellant had not presented evidence of a well-grounded claim. The appeal is dismissed as there was no clear and unmistakable error in the decision.

The Board has granted service connection for essential tremors and right hand contracture, finding that these conditions are related to active service. Service connection for generalized arthritis is not well-grounded.

The VA determined that the veteran's left knee condition, resulting in some limitation of motion and degenerative changes, does not warrant an evaluation higher than 20 percent.

The Board denied the veteran's claims of clear and unmistakable error in the October 1945, December 1948, or September 1981 rating decisions as well as his claim for a disability rating greater than 10 percent for a fragmentation wound to the right heel.

The Board found no medical evidence linking the veteran's current respiratory disorder to her service, and thus denied her claim for service connection.

The Board found that the March 1956 and March 1958 rating decisions denying service connection for a psychosis were not clearly and unmistakably erroneous.

The Board found that the appellant's claim for service connection for a birth defect manifested by speech impairment and gait dysfunction is not well grounded due to lack of medical evidence showing aggravation or increase in disability during active service.

The Board denied the veteran's claims for service connection for arthritis of the feet and an increased evaluation for his march fracture, third metatarsal, left foot. The veteran's claim for service connection was based on a direct relationship to his military service, while his claim for an increased evaluation was evaluated under the applicable rating criteria.

The Board has decided that further physical examinations and an opinion from the examiner(s) are needed to determine the severity of service-connected disabilities and their impact on employment.

The Board found that the veteran's claim for compensation under 38 U.S.C.A. § 1151 was not well-grounded, as there was no competent medical evidence linking his left footdrop and lack of circulation to VA care.

The Board found that the veteran's callus of the right first metatarsal head did not present an exceptional or unusual disability picture, and thus denied his claim for an extra-schedular evaluation.

The Board denied the veteran's claims for service connection for orchitis of the right testicle and status post left testicle torsion and eventual orchiectomy, finding that there was no clear and unmistakable evidence of pre-existing conditions in service and insufficient medical evidence to establish a link between current disabilities and service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $15,202 due to her failure to report all income, specifically rental income from property. The decision found that she was solely at fault and that recovery would not result in undue hardship.

The Board found that the veteran's back and leg disorder was not incurred or aggravated during service, as he had a pre-existing condition. The rigorous physical training during his active duty for training did not result in a worsening of his pre-existing condition.

The Board has denied the veteran's application to reopen his claim for service connection for right ear disability, finding that no new and material evidence has been submitted.

The VA has determined that the veteran's residuals of a lobectomy of the right lung warrant a 30 percent disability rating, effective from February 19, 1986. The current evidence does not support an increase in this evaluation.

The Board has denied the veteran's claim for service connection for bulging discs at L3-L4 and L4-L5, finding that these conditions are not related to any inservice injuries.

The Board found that the overpayment of Section 306 pension benefits was improperly created due to a retroactive termination in January 1986, but properly terminated as of January 1, 1990. The veteran's current debt consists of unpaid benefits from January 1, 1990 until June 1992.