Other conditions decisions — 2001

The veteran's appeal is being remanded for a new examination to assess the need for aid and attendance benefits.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of bilateral stress fractures, finding that these conditions are manifested by pain and spasm affecting the feet. The maximum evaluation provided by Diagnostic Code 5284 for foot injuries is assigned.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound to the left hand warrant remand for further development, as there is evidence indicating an increased severity of disability. The issue of a separate evaluation for a scar on the dorsum of the left hand also requires additional review.

The Board denied the claimant's eligibility for VA benefits based on service due to lack of verified Philippine Army service. The appeal is therefore denied.

The Board has determined that the appellant does not have qualifying service as a veteran and therefore is not eligible for VA benefits.

The Board denied the veteran's claims for increased ratings for his residuals of post-operative adenocarcinoma of the rectosigmoid and post-operative midline scar of the abdomen and drainage scar of the left lower abdomen.

The Board denied a higher rating for the veteran's skin disorder, finding that his condition is under good medical control and does not meet or nearly approximate the criteria for a disability rating in excess of 10 percent.

The veteran's service is not considered active military for VA benefit purposes, thus he does not meet the eligibility criteria for a VA nonservice-connected disability pension.

The Board has determined that the veteran's service-connected chip fracture of the left little finger does not warrant a compensable rating, as there is no evidence of ankylosis or arthritis in the affected digit.

The Board has denied the veteran's claim for service connection for emphysema, finding that there is no evidence of a current disability and no relationship between any in-service disease or injury and the claimed condition.

The RO's decision to assign a 60% evaluation for post-operative evisceration of the right eye was found to be in error due to incorrect application of rating criteria, resulting in an improper increase from a 40% evaluation. The appeal is denied as the correct evaluation remains at 40%.

The Board denied the appellant's claim for reopening her service connection for cause of death, finding that new and material evidence had not been submitted.

The VA denied the veteran's widow's claims for service connection for the cause of death and dependent's educational assistance.

The veteran's initial 10 percent disability rating for chronic blepharoconjunctivitis of the left eye with chalazion is upheld.

The Board has determined that the appellant's spouse had no valid military service for purposes of VA benefits, and thus the appellant is not eligible for such benefits.

The Board found that the veteran's overpayment of improved pension benefits was properly created due to VA's delay in reducing his benefits after he notified them of a divorce. The decision grants waiver of recovery of the debt, finding it contrary to equity and good conscience to recover the amount as it would deprive the veteran of basic necessities.

The Board found that the veteran's left eye disability does not meet the criteria for blindness or only light perception, thus terminating his special monthly compensation. The current assigned rating of 30% is maintained as it has been in effect for more than 20 years and is protected from reduction.

The veteran's claim for waiver of recovery of an overpayment of compensation benefits was denied because the claim was not filed within 180 days of notification.

The veteran's left shoulder disability, diagnosed as post-traumatic arthritis, was granted service connection effective May 12, 2000. The RO also granted service connection for the right shoulder with a 10% evaluation.

The Board has granted a waiver of recovery for the overpayment of Chapter 31 vocational rehabilitation benefits in the amount of $160.28, finding that recovery would be against equity and good conscience.