Other conditions Board decisions

The Board found that the veteran's loss of vision and total detachment of the left retina were not caused by or related to the September 1987 VA surgery, and thus denied his claim for benefits under 38 U.S.C.A. § 1151.

The case is being remanded to the RO for additional development, including ensuring a complete Supplemental Statement of the Case (SSOC) is associated with the claims file and that the veteran has been provided an appropriate response period.

The veteran's claim for an initial rating in excess of 10 percent for degenerative joint and disc disease of the thoracic and lumbosacral spine is being remanded due to incomplete examination findings. The case will be reviewed again by the RO, including consideration of applicable regulations.

The case is being remanded for additional development, including obtaining a medical opinion and reviewing the claims file.

The veteran and the appellant were not married at the time of the veteran's death, and the appellant is not entitled to recognition as surviving spouse of the veteran for purposes of VA benefits.

The Board denied the appellant's request for an apportionment of her father's VA disability pension benefits on behalf of their daughter, C., finding that there was no financial need demonstrated and that the veteran reasonably discharged his responsibility to support the child.

The Board denied an increased disability rating for the veteran's compression fracture of the dorsal spine, finding that the current 10 percent rating adequately reflects his symptoms and limitations.

The veteran withdrew her appeal for vocational rehabilitation benefits.

The veteran's left eye disorder, classified as Chandler's syndrome, was initially rated at 20 percent in September 1988 and later increased to 30 percent effective May 8, 1995. SMC based on blindness of one eye was also granted effective May 8, 1995.

The Board has denied the veteran's claims for service connection for loss of vision and residuals of dental trauma as they are not well grounded.

The veteran is entitled to retroactive payment of Montgomery G.I. Bill benefits for the enrollment period May 6, 1996 to July 26, 1996.

The Board dismissed the veteran's claim because he did not file a timely Notice of Disagreement regarding his request for waiver of overpayment of VA pension benefits.

The veteran's request for a waiver of recovery of the overpayment of VA improved pension benefits in the amount of $8,293.00 was denied by the Committee on Waivers and Compromises.

The Board has granted service connection for the cause of the veteran's death, finding that his service-connected laryngeal cancer contributed to his subsequent tongue cancer and hastened his demise.

The Board finds that the veteran's chronic squamous cell carcinoma of the head and neck, which caused his death, was substantially or combined with another disorder to cause death. The appellant presented evidence showing that the veteran used tobacco products during service, developed nicotine dependence, and continued using tobacco post-service, contributing to his cancer.

The veteran's claim for a temporary total rating based on the need for convalescence following replacement of a nonfunctioning penile prosthesis performed on November 7, 1997, was denied because the surgery did not result from a service-connected disability.,The veteran's claim for a temporary total rating based on the need for convalescence following exploration of the right groin with transection of the ilioinguinal nerve performed on January 16, 1996, was denied because the outpatient release records did not establish severe postoperative residuals or require house confinement.

The Board denied service connection for colo-rectal cancer and posterior subcapsular cataracts, finding that the veteran's claims were not well grounded due to lack of evidence linking these conditions to his inservice exposure to ionizing radiation.

The Board has determined that new evidence received subsequent to a previous denial supports reopening the claim for service connection for ADHD, but has not found any evidence linking the condition to military service. The claim remains denied.

The veteran's claim for an increased rating for his service-connected postoperative residuals of a herniated nucleus pulposus with fusion of the spine is granted, and he is now rated at 60 percent.

The Board denied the veteran's claim for an increased rating of his service-connected duodenal ulcer with hiatus hernia, finding that the disability picture did not meet the criteria for a higher evaluation under DC 7305 or DC 7346.