Other conditions decisions — 2001

The Board found that the appellant's spouse did not have qualifying service, which rendered her ineligible for nonservice-connected pension benefits. The termination of her pension was therefore proper.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for a hernia, resulting in a denial of the appeal.

The Board denied service connection for post-operative pituitary adenoma, finding no new and material evidence to support the application to reopen the claim.

The veteran's request for a waiver of recovery of an overpayment of improved pension benefits was denied due to bad faith in failing to report his 1996 lottery income, which resulted in the creation of the overpayment.

The Board denied an increased rating for a scar residual to a shell fragment wound to the scalp, finding that it did not meet the criteria for a compensable evaluation.

The Board denied an increased rating for the veteran's service-connected right ankle disorder, finding that the current 10 percent evaluation adequately reflects his symptoms and functional limitations.

The veteran does not meet the basic eligibility requirements for a nonservice-connected pension due to lack of service during a period of war.

The Board found that the veteran's indebtedness did not manifest as a result of bad faith, and thus denied her request for waiver.

The Board found that the cause of death was not related to military service and denied both the claim for service connection for the cause of death and the DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the claim for recognition of C.W. as a 'child' on the basis of permanent incapacity for self-support before attaining the age of 18, finding that J.S., who was not properly designated as the appellant, did not have standing to file an NOD or substantive appeal.

The Board has granted a 20 percent evaluation for the residuals of a fractured pelvis, including bladder and urethral stricture, based on urinary frequency. The veteran's claim for Peyronie's disease is also granted.

The veteran's claims for increased evaluations and effective dates were denied. The nonunion of the sternotomy incision was granted with a 20% disability rating, effective June 4, 1998. The incisional hernia claim was denied. The veteran's request for compensation under 38 U.S.C.A. § 1151 for gout, atrophied right kidney with cyst, eye disorder, scars of the legs and chest, and impotence was also denied.

The Board has remanded the case due to new legal requirements and the need for additional development, including obtaining medical records and opinions.

The Board has granted a 30 percent evaluation for the veteran's service-connected granulomatous lobular panniculitis, effective from August 8, 1996. The veteran is also referred to consider entitlement to an extraschedular rating due to his unemployability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for bilateral blindness, but it is not clear from the decision whether this reopening affects the original issue or if there are additional issues being addressed. The veteran's claim remains pending.

The Board has granted a 50 percent evaluation for the veteran's service-connected PTSD, finding that his symptoms have significantly impacted his daily life and social relationships.

The Board denied all claims as there is no evidence of current chondromalacia patella or hydrocele, and the veteran's complaints were not supported by objective medical findings.

The Board has denied the veteran's claim for a rating in excess of 10 percent for his service-connected conversion disorder, residuals of a closed head injury prior to September 10, 1998.

The veteran's adenocarcinoma of the lung is found to be service-connected due to exposure to Agent Orange during his Vietnam service, with presumptive service connection.

The Board has determined that the veteran's Legg-Calve-Perthes disease (LCP) preexisted service and was not aggravated by military training, leading to a denial of his claim for service connection.