Other conditions decisions — 2001

The veteran withdrew their appeal regarding the issue of entitlement to service connection for a skin disability as a result of exposure to herbicides including Agent Orange (AO).

The Board denied the validity of the overpayment, finding that it was not due to administrative error by VA.

The veteran's dysthymic disorder is found to be aggravated by his service-connected tinnitus, and secondary service connection for this condition is granted.

The VA has increased the veteran's evaluation for his right shoulder disability from 10 percent to 20 percent, effective January 16, 1998. However, the current evidence does not support an increase beyond this level.

The Board determined that the overpayment of additional compensation benefits for a dependent spouse was not due to fraud, misrepresentation, or bad faith and granted a waiver.

The Board has determined that the veteran's gastrointestinal disease with partial gastrectomy and history of hiatal hernia does not warrant a rating higher than 20 percent, and his abdominal wall hernia is rated at 20 percent. Both conditions are characterized as having mild to moderate symptoms.

The Board has determined that the appellant can be recognized as the veteran's surviving spouse for VA benefits purposes, resolving all doubts in her favor.

The Board denied a compensable evaluation for the veteran's service-connected adenitis of the left axillary and inguinal areas, with chronic sore throat and elevated temperature due to lack of clinical findings reflecting active adenitis or any related underlying disorder.

The veteran's failure to report his and his wife's income resulted in overpayments, leading the Board to find bad faith. As a result, waiver of recovery of the $3,705 overpayment is denied.

The Board has determined that the appellant's marriage to the veteran may be recognized as a deemed valid marriage under VA law, and thus she meets the criteria for recognition as his surviving spouse for VA purposes.

The Board has determined that the veteran's cause of death, arteriosclerotic cardiovascular disease, was not caused or contributed to by a service-connected disability. The preponderance of evidence does not support a finding of service connection for the cause of death.

The VA determined that the veteran's left knee disability, characterized by chondromalacia patella and patellar tendinitis, does not warrant an evaluation in excess of 10 percent.

The Board is unable to make a final decision on the service connection claim due to insufficient evidence, and has therefore remanded the case for further development. The veteran's representative will be notified of any new developments.

The veteran's service-connected venous thrombosis of the left leg with post-phlebitic syndrome was initially rated at 10 percent prior to July 23, 1997.,From July 23, 1997 through January 11, 1998, the veteran's disability warranted a 30 percent evaluation.,Effective from January 12, 1998, the veteran was assigned a 40 percent rating for his service-connected venous thrombosis of the left leg with post-phlebitic syndrome.

The Board found that a timely notice of disagreement was not received to initiate an appeal from the June 1999 rating decision, and thus denied the veteran's claims.

The Board denied claims for service connection for residuals of lung surgery and the cause of death due to lack of evidence linking the conditions to service.

The Board granted a 50% rating for the veteran's gunshot wound residuals, elevating the moderately severe injuries in Muscle Groups XIII, XV, and XVII to severe muscle injury.

The appellant's service is not considered active military, naval, or air service for purposes of VA pension benefits. Therefore, the claim for non-service-connected disability pension benefits is denied.

The veteran's service-connected residuals of multiple myeloma were rated at 10 percent from November 1, 1994, through December 4, 2000. Since then, the rating was increased to 20 percent.

The Board denied the appellant's claim for service connection for postoperative residuals of a cataract of the right eye, finding that there was no evidence linking the condition to active military service.