Other conditions decisions — 2001

The Board has determined that the appellant should be recognized as the veteran's surviving spouse and widow for VA purposes, and her claim for death pension benefits was granted with an effective date of July 2, 1990.

The Board has found new and material evidence to reopen the veteran's claim of service connection for a nervous condition, which was previously denied. The veteran is now entitled to have his claim reviewed on its merits.

The veteran's claim for service connection for post-traumatic stress disorder was granted. The case is pending to determine the status of his claim for service connection for hepatitis C.

The veteran's death was not caused by any service-connected disability, and the appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the veteran's claim for service connection for arthritis of the left upper extremity as secondary to a gunshot wound of the left upper extremity, finding that there was no causal relationship between the current osteoarthritis and his service-connected injury.

The Board has determined that the veteran did not sustain shell fragment wounds to his legs and chin during service, nor does he currently have a skin condition related to his military service.

The Board denied the claim that there was clear and unmistakable error in a 1946 rating decision, finding no CUE.

The Board has denied a rating in excess of 30 percent for postoperative residuals of left inguinal hernia repair, finding that the veteran's condition does not meet criteria for higher ratings based on residual disability or symptoms.

The veteran's claims for service connection for a left foot disorder, PTSD, and cervical strain with degenerative disc disease were granted. His claim for an increased rating for lumbosacral strain with degenerative disc disease was also granted.

The Board has granted service connection for the cause of the veteran's death effective from April 1, 1995.

The Board denied the appellant's claim for DIC benefits as surviving spouse of the veteran due to a lack of legal validity of her marriage at the time of the veteran's death.

The veteran's claim for disability benefits under 38 U.S.C.A. § 1151 is remanded due to incomplete medical records and the need for further examination to determine if additional disabilities are related to VA treatment.

The veteran's postoperative residuals of a ventral hernia were restored to a 20 percent evaluation, and he was granted a temporary total rating for convalescence following surgery in February 1997.

The Board has determined that the cause of the veteran's death is not related to service, including any alleged Agent Orange exposure or cigarette smoking during service. The claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, is also denied.

The veteran's service-connected disabilities have been increased to 40 percent for severe muscle damage to Muscle Groups XI and XII in both legs, with retained metallic fragments.

The veteran's request for a waiver of recovery of an overpayment of pension benefits was denied by the Department of Veterans Affairs (VA) Regional Office. The VA determined that the veteran had been unjustly enriched and did not consider any other element of equity and good conscience in reaching this decision.

The veteran's death was due to multiple cerebral infarctions, which led to his inability to eat or drink, resulting in pneumonia and ultimately cardiopulmonary arrest. None of the conditions causing death were related to service.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from April 27, 1998 to May 11, 1998 is denied as he elected to use private facilities rather than feasibly available VA facilities and his condition was not emergent during the period in question.

The Board found no CUE in the January 1981 decision that increased the rating to 20%, but did find CUE in the November 1982 decision that denied an effective date prior to December 3, 1979.

The Board denied the veteran's claim for an increased disability rating for his service-connected hypertensive cardiovascular disease with history of myocardial infarction, finding that the evidence did not warrant a higher rating and that referral to VA officials for consideration of an extraschedular evaluation was not warranted.