Other conditions decisions — 2001

The veteran's hypertensive vascular disease (HVD) is found to have its inception in service, while a septal infarction is not considered incurred or aggravated by service.

The appellant's claim for a reduced amount of monthly recoupment from disability compensation benefits due to his prior award of military disability severance pay is denied because the law does not allow concurrent payments.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death and finds that it is at least as likely as not that his lung cancer, which led to his death, was caused by exposure to herbicides in Vietnam.

The veteran's claims for increased disability evaluations for residuals of frozen feet and a compensable evaluation for his left middle finger disability were denied. The Board found that the evidence did not warrant an increase in disability ratings, as the symptoms primarily consisted of pain, numbness, and cold sensitivity without more severe manifestations such as tissue loss or locally impaired sensation.

The Board has determined that the effective date for service connection of resection of the left 5th rib should be changed from April 2, 1998 to December 1, 1953.

The Board has determined that the veteran's service connection claim for malignant lymphoma due to exposure to ionizing radiation is granted, based on new and material evidence.

The Board found that the appellant and the veteran were not living together continuously from their marriage until the veteran's death, and thus determined she could not be recognized as his surviving spouse for VA benefit purposes.

The Board found that the appellant's pension benefits were properly terminated as of February 1, 1996 due to her exceeding the income limit for such benefits. The evidence presented did not warrant resumption of her benefits.

The Board denied the appellant's claim as she is not considered a child of her father for VA purposes due to his dishonorable discharge and long period of absence without official leave.

The Board found that the veteran's pre-existing left arm condition did not increase in severity during his service, and thus, denied the claim for service connection.

The VA has determined that the veteran's service-connected status post colostomy for ruptured sigmoid diverticula, recurrent diverticulitis warrants a 60 percent disability rating.

The Board dismissed the veteran's claim of clear and unmistakable error in a 1947 rating decision confirming a denial of service connection for a skin disorder, as subsequent merits-based decisions have subsumed that decision.

The Board has determined that the cost of transporting the veteran by ambulance from a private hospital to a VA Medical Center was reasonable and practical, given the circumstances. The claim for reimbursement is granted.

The veteran's residuals of cerebrovascular accidents to include cognitive disorder were granted a 100 percent evaluation from November 1, 1996 to June 17, 1998, and from January 1, 1999 to February 10, 1999.

The veteran's service does not meet the threshold requirements for basic eligibility to nonservice-connected VA pension benefits, and his claim is denied.

The veteran's service connection claim for myopia is denied as myopia is not a disability for which VA compensation benefits may be awarded.

The claimant's total family income exceeds the maximum annual pension rate for a surviving spouse with two dependent children, resulting in denial of VA death pension benefits.

The Board has determined that the veteran's hepatitis C, which was caused by tattoos acquired during service, contributed substantially to his cause of death. Therefore, service connection for the cause of the veteran's death is granted.

The Board denied the appellant's request for waiver of overpayment due to his failure to report bingo winnings and changes in Social Security disability benefits, finding that these actions constituted willful misrepresentation or bad faith. The appeal is remanded for further development regarding the portion of the overpayment created by changes in Social Security disability benefits.

The Board has granted an increased evaluation of 60 percent for the veteran's urethral stricture, residuals of a gunshot wound. The evaluations for the residuals of shell fragment wounds to the right buttock and left thigh remain at 40 percent.