Other conditions decisions — 2002

The RO granted a 50 percent prestabilization rating for residuals of a fracture of the right foot from May 7, 1997 to May 31, 1998 and a 20 percent evaluation on and after June 1, 1998.

The Board has determined that the veteran's preexisting schizoaffective disorder was aggravated by his active military service, and therefore grants service connection for this condition.

The veteran's appeal is being remanded for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no medical evidence linking his cardiovascular disease to a disability incurred in or aggravated during service.

The Board denied the veteran's claims for clear and unmistakable error in a 1982 rating action that combined his depressive neurosis with regional enteritis into one disability evaluation, as well as his claim for an effective date prior to April 1996 for TDIU benefits.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for an initial compensable evaluation for traumatic pseudo pterygium of the left eye has been dismissed due to his death.

The Board denied the waiver of overpayment for death pension benefits due to the appellant's failure to promptly report a change in her income, which resulted in an overpayment. The Board found that her conduct constituted bad faith and lack of good faith.

The Board has granted a 20 percent rating for the veteran's service-connected residuals of injury to the right scapula, finding that these disabilities are primarily manifested by osteoarthritis, rotator cuff tear, labral tear, chronic tendonitis; limitation of motion of the right arm more nearly approximating at the shoulder level due to pain, stiffness, and weakness.

The Board has ordered the RO to recalculate the appellant's annualized countable income for death pension purposes from November 1, 1996 through October 31, 1997 based on her initial claim received in November 1996 and according to available records. The case will be returned to the Board after this recalculations are completed.

The veteran's service-connected bronchiectasis is currently rated at 30 percent, which does not meet the criteria for a higher rating based on the severity of his symptoms. The Board found that the veteran's condition did not warrant an increased evaluation as there were no incapacitating episodes or significant findings requiring antibiotic usage more than twice a year.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his fatal cancer to any incident of service, and concluded that his service-connected epilepsy did not play a role in his death.

The Board has granted the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $15,046 due to undue hardship and defeat of purpose.

The veteran's right thumb injury is currently productive of complaints of pain upon attempted use, with objective findings revealing pain on passive motion. The Board finds that the evidence does not support an increased rating beyond the current 20 percent evaluation.

The Board has determined that the veteran's injury to his right thumb, sustained on July 9, 1992, was not incurred in the line of duty but resulted from his own willful misconduct. Therefore, service connection for residuals of a fracture of the right thumb is denied.

The veteran is granted service connection for the loss of teeth numbers 1, 6, 7, 8, 9, 10, 11, 16, 17, 21, 22, 23, 24, 25, 26, and 32 due to dental trauma during service. His claim for a 10 percent disability rating based on multiple noncompensable service-connected disabilities is dismissed as moot.

The Board has determined that the veteran's Morton's neuroma of both feet was not incurred in or related to his military service and denied his claim for service connection.

The Board determined that the appellant is not the veteran's surviving spouse for VA benefit purposes due to their divorce, which was found to be fault-based.

The Board has denied the veteran's claims for higher evaluations for her service-connected ankle and right tibiale disabilities, finding that there is no evidence of malunion or nonunion involving the tarsal or tibial bones. The preponderance of the evidence does not support a compensable evaluation.

The Board determined that the veteran's net worth was excessive for pension benefits and therefore, denied his appeal.