Other conditions decisions — 2002

The Board denied the appellant's claims for service connection for the cause of her husband's death and for accrued benefits, finding no evidence to support these claims.

The appellant does not meet the criteria for basic eligibility to receive Death Pension benefits during calendar years 1997, 1998, 1999, and 2000 due to excessive countable income.

The Board has granted a 50 percent rating for the service-connected conversion reaction, which was previously rated at 30 percent. The evidence shows that the veteran's psychiatric symptoms are primarily mild to moderate in nature.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a respiratory disability on a direct basis, allowing the case to be considered further.

The VA denied a higher rating for the veteran's chronic brain syndrome, currently evaluated at 30 percent.

The Board found that the veteran's current urinary symptoms are not related to his circumcision in service and denied his claim for service connection.

The Board granted a 30 percent evaluation for Cowden's disease of the body effective from May 4, 1990. The RO also granted service connection for PTSD effective from June 13, 1994.

The VA denied a rating in excess of 20 percent for the veteran's residuals of a gunshot wound to the left hand, finding that the condition did not meet criteria for a higher rating.

The Board found that there were no residuals of an injury to the left fourth toe during service and denied the veteran's claim for service connection.

The Board has determined that the veteran's income was not excessive for VA improved pension benefits as of April 2000, and thus her claim is granted.

The Board found that the veteran's service-connected residuals of a gunshot wound to his right leg played a material causal role in causing his death from hypertensive cardiovascular disease. The appellant was granted entitlement to Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board denied the motion alleging clear and unmistakable error in its June 1977 decision, finding that the motion did not clearly and specifically set forth the alleged errors of fact or law.

The residuals of the June 24, 1999, simple cystectomy were not caused by VA's carelessness or negligence and were not an unforeseeable event. Therefore, compensation pursuant to 38 U.S.C.A. § 1151 is denied.

The Board denied the moving party's motion for CUE, finding that the evidence did not raise a reasonable possibility of changing the outcome of his claim on the merits.

The Board found that the appellant had a willful intent to seek an unfair advantage in creating the overpayment, leading to its denial of her waiver request.

The Board denied the claim for an increased rating for otitis media, finding that the veteran's condition is manifested by chronic infection and intermittent mild drainage, warranting a maximum 10 percent evaluation under either the former or revised schedular criteria.

The Board's March 15, 1977 decision denying a compensable disability rating for the service-connected residuals of a fracture of the sternum is being revised due to clear and unmistakable error (CUE). The veteran had a long-standing 10% disability rating that was reduced to zero percent without proper consideration of applicable regulations.

The Board has granted a 40 percent evaluation for the veteran's service-connected right lower extremity deformity, which more nearly approximates complete loss of use of that foot.

The Board denied service connection for residuals of a vagotomy and found that the January 1959 rating decision denying service connection for duodenal ulcer should not be reversed on grounds of clear and unmistakable error (CUE).

The Board found that the veteran's basal cell carcinoma was not incurred in or aggravated by service and may not be presumed to have been so incurred.