Other conditions decisions — 2001

The Board found that the veteran's manic depressive reaction currently meets a 50 percent rating, but not higher. The evidence showed minimal symptoms of depression and anxiety, with no significant impairment in work or social functioning.

The Board found no indication of fraud, misrepresentation or bad faith on the part of the appellant. The Committee granted a waiver in part for $9,783 and denied it in part for $1,043 due to fault of the debtor and undue hardship.

The appellant's spouse did not have verified service during a period of war, thus the appellant does not meet the eligibility requirements for VA death pension benefits.

The Board has determined that the veteran's PTSD is service-connected due to sexual assaults she experienced during her military service.

The VA has denied an increased rating for the veteran's service-connected left navicular fracture, currently rated at 10 percent.

The Board of Veterans' Appeals has determined that the appellant does not have qualifying service for VA benefits and therefore denied their claim.

The Board has remanded the case due to a need for additional development and examination, including obtaining medical records and providing the veteran with notification of his rights under the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's Notice of Disagreement with the March 1996 rating decision was not timely filed, and thus the March 1996 rating decision became final.

The Board denied an increase in the veteran's rating for his service-connected enucleation of the right eye, finding that he is properly rated under Diagnostic Code 6066 and that the 30% evaluation representing the degree of right eye impairment on entrance into active service is deducted. The veteran does not meet criteria for a higher rating.

The case is being remanded to the RO for additional development and consideration of the veteran's claim for service connection for a fungal infection of the left hand and arm.

The Board has determined that the veteran's bilateral defective hearing warrants evaluations of 10 percent, 20 percent, and 50 percent for different periods based on updated audiometric test results. The decision is mixed as some issues were granted while others were denied.

The Board has determined that the veteran's residuals of a cerebrovascular accident were not incurred in or aggravated by service, nor may they be presumed to have been incurred in service. The Board also found no etiologic relationship between the veteran's service-connected rheumatic heart disease and his stroke.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for post-traumatic stress disorder due to a lack of evidence establishing an in-service stressful event and the absence of medical evidence linking any diagnosed PTSD to such event.

The VA Regional Office has determined that the SSA payments to the appellant are countable income for VA improved pension purposes, and thus cannot be excluded from consideration.

The veteran's initial grant of benefits under 38 U.S.C.A. § 1151 for costochondritis was granted, and a subsequent rating decision assigned a 10 percent disability rating effective as of January 27, 1998.

The veteran's claim for increased ratings for residuals of a fracture of the pelvis and laceration of the bladder was denied by the Board. The veteran is currently rated at 20% for residuals of a fracture of the pelvis, but not for residuals of a laceration of the bladder.

The appellant's claim for VA death pension benefits is denied as she was divorced from the veteran at the time of his death.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and extent of his disability related to the gunshot wound.

The Board denied the veteran's claims for a compensable evaluation for his service-connected left middle finger disorder and for service connection for dental trauma.

The Board finds that the preponderance of the evidence is against a grant of service connection for loss of use of the feet and legs. The veteran's loss of use of his feet and legs is not related to his service-connected residuals of inguinal hernia.