Other conditions decisions — 2000

The Board has determined that the appellant is recognized as the veteran's surviving spouse for the purpose of receiving DIC benefits due to their agreement to cohabit as husband and wife from 1980 until the veteran's death in 1984.

The VA denied the veteran's claim for service connection for a latex allergy, finding that there was no evidence of chronic disability resulting from the condition.

The veteran's service did not occur during a period of war, and therefore he is not eligible for pension benefits under the provisions of 38 U.S.C.A. § 1521.

The Board found no competent evidence showing the veteran has current disability manifested by loss of smell due to disease or injury incurred in service, and thus denied his claim.

The veteran's claim for an increased rating for residuals of a gunshot wound to the right hand is denied. The March 14, 1952 rating decision was not subject to clear and unmistakable error as it was subsumed in a May 1953 Board decision.

The VA determined that the veteran's service-connected left ulnar nerve damage and peptic ulcer disease do not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the veteran's actions in creating the overpayment were wholly at fault, and denied recovery of the entire debt. However, one half of the debt was waived due to undue hardship.

The Board has granted an effective date of May 29, 1991 for the award of service connection for neurogenic bladder with urinary retention.

The Board denied the application to reopen the claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been presented.

The Board denied the application to reopen the claim for service connection for prostatitis, finding that new and material evidence had not been presented.

The veteran's claim for an increased disability rating for his service-connected PTSD was granted, with a current rating of 30 percent. The case also addressed the issue of whether an extraschedular evaluation is warranted.

The Board denied the veteran's claim of service connection for a cardiac disorder as not well grounded, based on lack of evidence showing a chronic disability during service or a link between any such disability and service.

The Board has determined that the veteran's service-connected genital herpes does not warrant a compensable evaluation, as there is no medical evidence of active herpes or residuals thereof affecting an exposed surface.

The veteran's service-connected disabilities do not alone preclude him from securing or following a substantially gainful occupation.

The Board denied the veteran's claim of service connection for a skin rash and knots on his body, finding that there was no evidence linking these conditions to his military service or any exposure to Agent Orange.

The Board denied the veteran's claim for service connection for a respiratory disorder due to nicotine dependence, finding that there was no evidence of nicotine dependence starting in service and insufficient medical evidence supporting the claim.

The Board found that the veteran's death was not causally related to service, and thus denied the claim for service connection for the cause of his death.

The Board denied the veteran's claims for increased evaluations for postoperative abdominal adhesions and incisional hernia, finding that the evidence did not support an evaluation in excess of 10 percent.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that his squamous cell carcinoma and metastatic adenocarcinoma were not incurred or aggravated by service nor related to any service-connected disability.

The Board found that an overpayment of $20,789 was properly created due to the veteran's misrepresentation and bad faith in reporting his income. The waiver of recovery for this overpayment is precluded.