Other conditions decisions — 2001

The Board denied the veteran's claims for increased ratings for his service-connected deviated nasal septum and enlarged right testicle, finding that there was no evidence of an increase in disability within a year prior to his September 10, 1999 claim. The effective date remains at September 10, 1999.

The Board has determined that the veteran's death was due to a service-connected disease, emphysema, and therefore grants service connection for the cause of death.

The Board denied the veteran's claim for service connection for elevated cholesterol, finding no current disability and insufficient evidence to establish a nexus between the condition and service.

The Board has determined that the appellant's spouse did not have recognized service with the United States Armed Forces, and therefore is not considered a veteran for purposes of VA benefits.

The veteran died from a pulmonary embolism caused by a vena cava thrombosis. The cause of death was not related to VA medical treatment, and the Board found no causality between any service-connected condition and his death.

The veteran's service-connected nasal septal deviation is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted based on the objective medical evidence.

The veteran's claims for service connection for nicotine dependence and a psychosis, as well as his TDIU claim, were denied. His new and material evidence claim regarding a psychiatric disorder is pending.

The Board has determined that the veteran's residuals of a crush injury to his right middle and ring fingers meet the criteria for an increased rating to 20 percent, effective from the date of the initial grant of service connection.

The Board has determined that the veteran's claim for service connection for non-Hodgkin's lymphoma was denied due to lack of a well-grounded claim. The case is being returned to the RO for further development and consideration under the amended statutes.

The Board has granted the veteran's request for waiver of overpayment of improved pension benefits, finding that recovery would be against equity and good conscience due to VA's oversight in calculating his income.

The Board has determined that the appellant is entitled to recognition as a surviving spouse of the veteran for VA death benefit purposes, given her lack of fault in their separation and her status as his lawful spouse at the time of his death.

The Board denied the appellant's claim to be recognized as the helpless child of the veteran due to a lack of evidence showing permanent incapacity for self-support prior to age 18.

The Board denied the veteran's claim to have funeral expenses of his deceased adult daughter deducted from his income for VA pension purposes, finding that she did not meet the legal criteria of a child for VA pension purposes.

The appellant's spouse had no recognized military service with the United States Armed Forces, and therefore is not eligible for VA benefits.

The VA has denied the appellant's request to reopen her claim, stating that the new evidence submitted does not meet the criteria for reopening as it is either cumulative or of no probative value.

The veteran's service-connected disabilities are rated at a combined 70 percent, but he is not entitled to TDIU benefits due to his age and nonservice-connected disabilities.

The veteran's cervicothoracic spine disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating as there is no evidence of severe limitation of motion or persistent symptoms compatible with sciatic neuropathy.

The Board has granted the appellant's request to waive recovery of an overpayment of apportioned VA compensation benefits, finding that the delay in filing was beyond her control and that recovery would result in undue financial hardship.

The Board of Veterans' Appeals denied the veteran's claim for service connection for reflex sympathetic dystrophy, finding that there was insufficient evidence to support a diagnosis of RSD and concluding that any potential condition did not arise during or as a result of his military service.

The appellant's service is not considered active military, naval or air service for VA disability pension benefits and therefore is denied basic eligibility.