Other conditions Board decisions

The Board denied service connection for left hemiparesis with amyotrophia in December 1970, and the veteran's claim has not been reopened due to lack of new and material evidence.

The Board found no evidence of a left toe disability incurred or aggravated in service, and thus denied the veteran's claim for service connection.

The Board denied the appellant's request for an earlier effective date of September 28, 2000 for a 10% disability rating for residuals of a right foot 3rd metatarsal fracture.

The Board denied service connection for a gastrointestinal disability (ulcers) as the veteran did not have such disability during or within one year after his active duty service.,The right knee and right hip claims were both denied by final rating decisions in June 1998. The RO has since reopened these claims based on new evidence, but the Board found that this evidence is insufficient to reopen the claims.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a scaphoid fracture of the right thumb, finding that his current compensable rating adequately reflects his symptoms.

The veteran's appeal has been withdrawn, effectively dismissing the case.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for cause of death.

The Board has determined that the appellant does not meet the requirements for being considered a surviving spouse under VA regulations, and thus her claim for service connection for the cause of the veteran's death is denied. The case is remanded to allow further development regarding whether she had a 'deemed valid' common law marriage with the veteran.

The veteran's appeal for a compensable rating for the postoperative residuals of a left inguinal hernia is dismissed because he is not seeking this issue.

The Board found that the appellant adopted D. in May 2004, more than two years after the veteran's death, and thus did not meet the legal requirement for recognition as the adoptive child of the veteran for VA benefits purposes. The overpayment of $1,446 was properly created.

The Board has determined that the veteran's service-connected disability does not meet the criteria for special monthly compensation based on loss of use of the left hand.

The Board has denied the veteran's request for a waiver of recovery of an overpayment of disability compensation benefits in the amount of $6,786.33 due to his failure to report changes in address and reentry into active duty.

The veteran's service-connected right and left foot disabilities are currently rated at 10 percent each, but the evidence does not support a higher rating.

The Board has determined that the veteran does not have a current diagnosis of a respiratory disability and therefore, service connection for this condition is denied. The claims for PTSD, left leg injury, and skin rash are to be reopened as new and material evidence has been received.

The Board has granted service connection for a right medial meniscus tear and post-surgical residuals, as well as temporary total disability ratings based on convalescence following surgeries in May and November 2006. The veteran's knee disorder was found to be part of his service-connected condition.

The Board denied the appellant's claim for VA death benefits as her spouse did not have active military service that qualifies under VA regulations.

The Board found that the veteran's service-connected residuals of tender scrotal cysts, post excision do not meet or more nearly approximate the criteria for a higher rating under any applicable diagnostic codes. The current 10 percent disability rating is maintained.

The Board denied the veteran's request for waiver of recovery of a $68,833 overpayment in pension benefits due to his failure to report earned income from Social Security.

The Board denied service connection for the cause of the veteran's death due to metastatic hepatoma, finding that it was not incurred in or aggravated by service and did not contribute substantially or materially to his death.

The veteran is seeking payment or reimbursement for unauthorized medical expenses incurred at Oak Hill Hospital on December 29, 2005. The case has been remanded due to the need for clarification regarding the denial of his claim.