Other conditions decisions — 2001

The Board has found new and material evidence to reopen the veteran's claim for service connection for a nasal disability. The RO is required to schedule an appropriate VA examination to determine the nature and etiology of any current nasal disability.

The Board denied an increased rating for the veteran's service-connected thrombophlebitis of the right leg, finding that it did not meet the criteria for a higher evaluation.

The Board has reopened the claim of whether the veteran's death was due to his willful misconduct, finding that new and material evidence has been submitted. The decision concludes that the cause of death was the result of the veteran's own willful misconduct.

The VA denied the veteran's claim for a higher evaluation of his postoperative residuals of a gastrectomy and vagotomy, currently rated as 20 percent disabling. The Board found that the evidence did not support a rating in excess of 20 percent.

The Board denied the appellant's claim for an apportionment of the veteran's disability compensation benefits because they were divorced and therefore not considered a spouse under VA regulations.

The Board has granted a waiver of recovery for an overpayment of death pension benefits in the amount of $14,480 due to the appellant's failure to notify VA of her receipt of Social Security benefits. The decision found that the appellant had some fault but also noted undue financial hardship and the defeat of the purpose of the benefit.

The Board denied the veteran's claim for service connection for cerebral palsy, finding that it had been present prior to his entrance into active service and not aggravated by his brief period of service.

The Board has determined that service connection for residuals of amputations, second through fifth toes of the right foot is granted. The issue of entitlement to an increased (compensable) evaluation for residuals of fracture of the third toe of the right foot remains pending.

The Board has determined that the veteran's service-connected alternating exotropia is no more than 10 percent disabling.

The Board has determined that the veteran's service connection claim for a gastrointestinal disorder is granted, with no specific rating assigned and no effective date provided. The decision also notes that the case should be returned to the RO for further action.

The Board determined that the retroactive termination of DIC benefits to the appellant as the surviving spouse of the veteran effective September 1, 1984 was proper. However, the appeal for reinstatement of DIC benefits prior to October 1, 1998 was denied.

The Board denied the veteran's request for waiver of recovery of an overpayment of compensation, finding that it would not be against equity and good conscience to require repayment.

The veteran's appeals for increased disability ratings and service connection were denied. The RO found that the evidence did not support assigning compensable or higher disability ratings for his shell fragment wounds.

The VA determined that the appellant does not have valid military service for VA benefits and denied her claim.

The veteran is granted a single 10 percent evaluation for bilateral varicose veins effective from March 1, 1995.

The Board has determined that the veteran's residuals of a fracture to the right middle finger warrant a 10 percent evaluation, but denied service connection for traumatic arthritis of the right hand.

The Board denied service connection for residuals of a back injury, basal cell carcinoma of the nose, broken right toe, and nail puncture wound to the right foot. The appellant did not have current disabilities related to these conditions.

The Board denied the veteran's request for a waiver of recovery of overpayment of VA pension benefits due to it not being received within the required 180-day period.

The veteran's death was due to a homicide, not service-connected conditions. The appellant is not entitled to DIC or accrued benefits as the veteran did not have a pending claim at the time of his death and was not rated totally disabled for any period prior to death.

The Board denied service connection for paresthesia of the thighs claimed as numbness of lower extremities due to lack of credible evidence linking the current condition to service or a service-connected disability. Service connection was also not granted for corneal transplant of the left eye.