Other conditions decisions — 2001

The Board has determined that the veteran's residuals of a shell fragment wound (SFW) of the left chest and arm, with nerve impairment, warrant an increased rating to 40 percent.

The Board denied the appellant's request for an earlier effective date for the payment of accrued benefits due to her death, finding that she was entitled to TDIU benefits at the time of her husband's death and that the appropriate period of time had been awarded.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that she was not entitled to VA death benefits due to a lack of continuous cohabitation.

The Board denied an increase in the veteran's rating for his service-connected right arm disability and also denied a request for an earlier effective date for the increased rating.

The veteran's claim for service connection for the residuals of a fractured nose has been granted. The claim for left eye disability is pending as new and material evidence has been received. Service connection for PTSD remains pending, as does the rating for pes planus.

The Board has ordered additional development to verify the veteran's service dates and type of service, as well as any private medical records related to his back condition. The claim will be readjudicated after these developments are completed.

The Board denied the appellant's claim for nonservice-connected death pension benefits as the veteran did not have active service during a period of war, and thus does not meet the eligibility criteria.

The Board found that the appellant filed a timely appeal regarding her claim for the proceeds of the veteran's NSLI policy. However, she is not entitled to these proceeds as the veteran designated his former wife as the beneficiary in 1961 and no changes were made thereafter.

The Board has determined that the veteran's right radial nerve injury is currently rated as 20 percent disabling, and does not meet the criteria for a higher rating.

The Board has denied the veteran's claim for service connection for a cardiovascular disorder as secondary to his service-connected PTSD.

The Board denied an increased apportionment of the veteran's disability compensation benefits on behalf of their helpless child for the period prior to January 1, 2001. However, it granted a 20% increase in the apportionment from January 1, 2001.

The VA has granted increased ratings for the veteran's left and right carpal tunnel syndrome (CTS), with each wrist rated at 10 percent.

The Board denied the veteran's request to reopen his claim for service connection for a nervous disorder, finding that no new and material evidence had been submitted.

The Board found that the cause of the veteran's death, abdominal carcinomatosis, was not incurred as a result of service and could not be linked to exposure to ionizing radiation. The claim for service connection is denied.

The Board finds that the veteran's suicide was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board found that the veteran's essential tremors and equilibrium disorder are not related to his service-connected ear disabilities, but granted service connection for these conditions based on direct evidence of their existence.

The Board denied the appellant's claims for an increased disability rating for Guillain-Barre syndrome and service connection for memory loss and an affective disorder, both of which were claimed as secondary to his service-connected Guillain-Barre syndrome.

The veteran's appeal has been dismissed due to his death.

The veteran's tendonitis of the left foot was not incurred in or aggravated by service.,Service connection for a periodontal disease for compensation purposes is not warranted.,Service connection for loss of teeth numbers 3 and 9 for compensation purposes is not warranted.,Service connection for periodontal disease for the purpose of receiving Class II VA outpatient treatment for a one-time correction of the disability is not warranted.,Service connection for loss of teeth numbers 3 and 9 for the purpose of receiving Class II VA outpatient treatment for a one-time correction of the disability is warranted.

The Board found that the appellant's fault in creating the overpayment was minimal, and that recovery of the debt would not be against equity and good conscience. The Board granted waiver of the $925 overpayment.