Other conditions decisions — 2001

The Board found no evidence of a current disability manifested by shortness of breath and chest pain, attributing these symptoms to increased stress and anxiety. Therefore, the claims for service connection were denied.

The Board has reopened the veteran's claim of service connection for a lung disorder due to new evidence submitted since the last final decision. The claim will now be reconsidered based on all available evidence.

The veteran's claim for an increased rating for his gunshot wound of the right thigh was granted, with a 10 percent evaluation.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, concluding that there was no valid marriage between them at the time of the veteran's death.

The Board has granted a 10% rating for the veteran's service-connected status post fracture of the left ring finger with arthritis, effective from the date of the decision.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied as there is no evidence of a causal connection between his current cardiovascular disorder and the VA surgery.

The Board has determined that the veteran's left varicocele, which is productive of left orchialgia (pain), meets the criteria for a compensable evaluation of 10 percent.

The Board has determined that recovery of the overpayments in the amounts of $852.50 and $468 is against equity and good conscience, thus granting the veteran's request for waiver.

The Board has determined that the appellant is entitled to recognition as the veteran's surviving spouse for purposes of eligibility for Dependency and Indemnity Compensation (DIC) due to her continuous cohabitation with the veteran prior to his death in May 1969, despite a separation caused by the veteran's possessiveness.

The VA denied the veteran's claim for service connection of a respiratory disorder, citing that it was not well-grounded. The case is being remanded due to changes in the law necessitating additional development and consideration.

The veteran's appeal is being remanded for additional development due to failure to comply with the terms of a previous Board order. The issues include seeking an increased rating for her service-connected pelvic instability, right sacroiliac joint, and requesting a total disability rating based on individual unemployability.

The Board found that the veteran did not incur additional left hand disability as a result of his September 1991 VA surgery for Dupuytren's contracture, and thus denied the claim.

The VA denied an increased rating for the veteran's service-connected right hand disorder, currently rated at 40 percent.

The Board has determined that the veteran's appeal is not about service connection at all, and thus does not fall under the provisions of the Veterans Claims Assistance Act of 2000. The RO will proceed with a full review of the claims file to ensure compliance with all due process requirements.

The Board found no evidence of a chronic lung disorder due to asbestos exposure or any other service-connected condition. The nonspecific connective tissue disorder was not shown to be related to service.

The Board has determined that the claim is not well grounded and remands it for additional development, including obtaining VA treatment records and scheduling a VA orthopedic examination.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of VA compensation benefits was timely filed, and thus grants the appeal.

The veteran's bladder dysfunction and monoclonal gammopathy are not rated higher than the current 40 percent evaluations. Bilateral hearing loss is not service-connected.

The veteran is entitled to a certificate of eligibility for assistance in acquiring necessary special home adaptations due to loss of use of both hands, but not for specially adapted housing.

The Board denied the veteran's request for waiver of recovery of an overpayment of disability compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's financial resources.