Other conditions decisions — 2001

The Board has restored the total disability rating of 100% for the period from December 1, 1968 to January 14, 1993 due to clear and unmistakable error in reducing the veteran's total disability rating. The issue of an effective date prior to July 14, 1993 is moot as a result.

The veteran's cerebrovascular accident and its residuals are not service-connected, as the medical evidence does not support a link between his VA-prescribed medications and the stroke.

The Board found that the appellant is not the surviving spouse of the veteran for the purpose of entitlement to improved death pension benefits.

The appellant's marriage to the veteran was less than a year and they had no children together, which means she is not eligible for VA nonservice-connected death pension benefits.

The veteran's appeal is remanded due to the need for a personal hearing before a Member of the Board at his local VA office.

The Board denied an increased evaluation for residuals of a gunshot wound of the left thigh, finding that the veteran had withdrawn from appeal such claim. The decision was based on the absence of written withdrawal.

The Board denied the veteran's claim for an effective date earlier than March 1997 for additional VA improved pension based on recognition of a dependent child, finding that [redacted] was not in the veteran's legal custody and he was not contributing to his support prior to March 1997.

The Board has determined that the veteran does not have residuals of a phrenic nerve injury as a result of his service-connected heart disorder and therefore, service connection for this condition is denied. Additionally, the criteria to establish compensation benefits under 38 U.S.C.A. § 1151 for additional disability characterized as residuals of a phrenic nerve injury due to surgery at a VA medical facility in July 1987 have not been met.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no evidence of combat participation and insufficient information to verify his claimed stressors.

The Board found that the veteran's respiratory disability was incurred in active service, particularly due to his exposure to burning oil wells during his deployment in Southwest Asia.

The veteran's death was due to myocardial infarction, and the appellant seeks nonservice-connected death pension benefits. The claim for accrued benefits is denied as there were no pending claims at the time of his death. The issue of nonservice-connected death pension benefits remains unresolved.

The Board has determined that the appellant does not have recognized military service and therefore is not eligible for VA benefits.

The veteran's request for a waiver to recover an overpayment of non-service-connected disability pension benefits was denied due to his failure to provide requested financial information and his alleged bad faith in the creation of the debt.

The veteran is seeking service connection for lymphomatoid granulomatosis with multiple pulmonary granules, which he claims was caused by exposure to chemicals in service. The VA has requested additional information and will conduct a medical examination to determine the etiology of his condition.

The Board has determined that the veteran's varicose veins were not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's left knee disability was evaluated as 20 percent disabling from April 20, 1998 to December 3, 1998. From December 4, 1998, the disability is rated at 10 percent due to arthritis and painful motion of the knee.

The Board has determined that the veteran's TMJ syndrome did not meet the criteria for a compensable rating prior to September 30, 1998.

The Board denied the veteran's request for waiver of recovery of an overpayment in his improved disability pension benefits, finding that substantial fault lay with the veteran and no undue hardship or defeat of the purpose of the benefit would result from recovery.

The Board has determined that an effective date earlier than December 1, 1998 for the award of DIC benefits is not warranted due to the appellant's failure to file a claim prior to that date.

The veteran's claim for a waiver of recovery of an overpayment of disability compensation benefits was granted, with the overpayment covered from August 1, 1996 through December 31, 1999.