Other conditions decisions — 2002

The VA determined that the veteran's right knee disability, which included ACL reconstruction and lateral meniscus tear, did not warrant a rating higher than 10 percent from January 23, 1997 to June 22, 1998.

The Board has determined that the veteran's service-connected right thigh injury does not warrant a higher evaluation as it currently meets the criteria for a 10 percent rating.

The veteran's claim for increased evaluations for his left second toe disability is denied prior to May 17, 2001 and granted since July 1, 2001. The issue of whether there was clear and unmistakable error (CUE) in a June 1963 rating decision remains pending.

The veteran's myofascial syndrome was found to have begun during his service in Haiti, and the Board granted service connection for this condition.

The veteran's service-connected left knee disability is rated at 10 percent, and his right knee disability does not meet the criteria for a compensable rating.

The Board denied the veteran's claim for an initial compensable disability evaluation for epididymitis, finding that his symptoms did not warrant a higher rating.

The Board has determined that the veteran's schizoaffective disorder was incurred in service and is related to his military service.

The Board denied the appellant's claim for VA death pension benefits as she is not considered the veteran's surviving spouse.

The Board found that there is no current disability of a recurrent bilateral ear infection and denied the veteran's claim for service connection.

The veteran's son has been diagnosed with Chiari Type I malformation with holocord syringomyelia, which is often associated with spina bifida. However, the son does not have a diagnosis of spina bifida and therefore is not entitled to the claimed benefits under 38 U.S.C.A. § 1805.

The Board denied the appellant's claim for recognition as a surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran and his legal marriage to another woman at the time of his death.

The VA has determined that the veteran's residuals of status post excision, malignant tumor of sternum with healed fracture do not warrant a higher evaluation.

The VA denied a higher initial evaluation for the appellant's postoperative residuals of a total proctocolectomy with permanent ileostomy due to typical familial polyposis, as his symptoms did not warrant a rating in excess of 20 percent.

The Board dismissed the appellant's appeal of the Special Apportionment Decision because she did not file a timely substantive appeal within the required time frame.

The Board denied the veteran's claim for a rating greater than 10 percent for his right quadriceps muscle tendon tear, finding that the disability is primarily manifested by minimal loss of muscle girth and atrophy, resulting in moderate impairment.

The Board denied an increased rating for the service-connected deviated nasal septum, finding that the evidence did not support a compensable rating under either set of rating criteria.

The veteran's service-connected psychophysiological cardiovascular reaction, which is manifested by chronic anxiety and depression, has been found to result in severe social and industrial impairment warranting a 70 percent rating.

The Board found that the veteran's failure to report his wife's social security and retirement income was not deliberate or intentional, resulting in undue hardship. The decision grants a waiver of recovery of the overpayment of $19,921.

The veteran's cyst of the flexor tendon, right great toe has been rated as 10 percent disabling since 1997. The current examination reveals occasional numbness, palpable tenderness, pain and impaired heel to toe walking.

The Board has granted a 10 percent rating for the veteran's service-connected nasal fracture, finding that his symptoms more nearly approximate the criteria for such a rating.