Other conditions decisions — 2001

The Board denied the appellant's claim for VA improved death pension benefits due to her income exceeding the maximum annual rate of $5,884.

The veteran is seeking an increased evaluation for his service-connected gunshot wound to the left buttock and earlier effective date for a total disability rating based on individual unemployability. The Board has granted entitlement to a total disability rating but denied the request for an increased evaluation.

The Board found that the veteran's current paraplegia was caused by his intoxication at the time of a 1982 motor vehicle accident, which resulted in willful misconduct. Therefore, the disability is considered to be due to his own willful misconduct and not service-connected.

The Board denied the appellant's claim as she was legally divorced from the veteran at the time of his death, and therefore does not meet the legal criteria for recognition as a surviving spouse.

The Board has determined that the veteran's post-traumatic stress disorder is attributable to his service and grants service connection for this condition.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of negligence or fault on the part of VA in his left eye surgery, resulting in a rhegmatogenous retinal detachment.

The Board denied the appellant's attempt to reopen her claim of entitlement to service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board has determined that a timely substantive appeal was not received to complete an appeal from the March 1998 rating decision denying service connection for hypertensive vascular disease and a skin disability. As such, the March 1998 rating decision is considered final.

The veteran's claims for increased ratings and service connection were denied. The claim to reopen a low back disability was also denied, but the cramping of the left leg secondary to his heel condition was granted.

The appellant is not entitled to an increased rate of DIC benefits based on unreimbursed medical expenses as she is already receiving the maximum available benefit.

The Board has denied a compensable disability rating for the veteran's service-connected duodenal ulcer. The issue of entitlement to a compensable rating for residuals of bilateral heel stress fractures is pending.

The Board denied the appellant's request for a waiver of recovery of an overpayment of $11,390 due to his failure to file within the required 180-day period following notification of the indebtedness.

The Board found that the service-connected penetrating gunshot wound to the chest contributed substantially and materially to the veteran's death, resulting in a grant of service connection for the cause of his death.

The Board has found that the appellant's service from February 1951 to March 1954 was dishonorable for VA purposes. The RO concluded this based on information provided by the service department, but also noted that there were subsequent efforts to obtain additional records which were not pursued due to lack of indication as to their existence or futility.

The Board denied the veteran's claims for increased rating and total disability based on individual unemployability due to service-connected low back disorder. The RO had previously assigned a 40 percent disability rating for this condition.

The Board denied the veteran's claims for increased rating and total disability based on individual unemployability due to service-connected low back disorder. The RO had previously assigned a 40 percent disability rating for this condition.

The veteran's service-connected paroxysmal tachycardia is currently rated at 10 percent and the Board finds no basis for an increased rating under the applicable diagnostic codes.

The Board has denied the veteran's claim for an increased rating for his service-connected dermatophytosis and onychomycosis of the feet, finding that the evidence does not support a rating in excess of 10 percent.

The VA has granted an initial 10 percent rating for service-connected residuals of a burn on the right hand, effective from May 1984 (when service connection was established).

The veteran's claim for an initial rating evaluation in excess of 40 percent for service-connected musculoskeletal back pain was denied. The VA determined that the veteran's symptoms, as assessed by the most recent examination, do not warrant a higher disability rating.