Other conditions decisions — 2001

The veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling examinations to determine the nature and etiology of any dental, foot, and facial skin disability.

The Board denied the claim for service connection for the cause of the veteran's death in March 2000, finding no new and material evidence to reopen the case. The appellant has not submitted any new evidence since then.

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that the proper effective date is March 30, 1998.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA death benefits due to their divorce prior to the veteran's death.

The Board has granted increased ratings for the veteran's service-connected gunshot wound residuals of the right arm and elbow, with a combined rating of 40 percent.

The veteran's service-connected dysthymic disorder does not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The Board has denied the veteran's claims for increased evaluations for his service-connected residuals of a fractured right clavicle and residuals of fractured nasal bones and frontal process maxilla, as there is no evidence that these conditions are related to any specific exposure basis or the provisions of the PACT Act. The current 10% ratings assigned for each condition remain unchanged.

The Board has granted an effective date of June 27, 1994 for the grant of service connection for Epstein-Barr virus. The veteran's symptoms were noted at a VA examination on that date and later found to be manifestations of Epstein-Barr virus.

The Board has determined that the veteran's facial muscle spasms and disfigurement are not compensable under 38 U.S.C.A. § 1151 due to the lack of additional disability caused by VA treatment, with no fault on VA's part.

The Board found that the veteran's genital herpes was manifested by no more than periodic episodes of itching and exfoliation involving the area of the penis and scrotum, not meeting the criteria for a higher rating.

The Board denied the appellant's claim for a rating in excess of 10 percent for service-connected residuals of a ventral hernia, as there was no evidence showing that the veteran was entitled to a higher evaluation at the time of his death.

The Board dismissed the veteran's appeal due to his withdrawal of the appeal for service connection for an eye disorder. The case was remanded for other issues, including a Statement of the Case (SOC) and compliance with the Veterans Claims Assistance Act of 2000.

The Board has restored a 10 percent disability rating for the veteran's service-connected otitis media/externa, finding that there is improvement in his condition and no current active ear disease.

The veteran withdrew his appeal by accepting a compromise repayment agreement, and the case is dismissed without prejudice.

The Board has denied the veteran's claims for service connection for various undiagnosed illnesses, including respiratory disorder, memory loss, fatigue, and joint pain, due to her Persian Gulf War service.

The Board denied the veteran's request for waiver of overpayment of nonservice-connected pension benefits, finding that his failure to report additional income constituted misrepresentation and precluded a waiver.

The Board denied the appellant's claim as she is not a 'child' of the veteran for VA benefit purposes due to her age and lack of evidence showing permanent incapacity before reaching 18 years.

The Board has determined that the veteran's adjustment disorder with depressed mood warrants an initial 10 percent evaluation, effective March 15, 2000.

The Board has granted a waiver of recovery for an overpayment of improved pension benefits in the amount of $18,588. The decision found that VA was at fault due to administrative error and the appellant's fault was negligible.

The veteran meets the criteria to receive additional compensation for his spouse, effective from January 11, 1996.