Other conditions decisions — 2002

The $150,000 settlement from the FTCA claim is subject to recoupment from your DIC benefits due to the veteran's death being related to VA medical care failure.

The VA has determined that the veteran's residuals of a fracture of the right distal tibia with degenerative joint disease, post-operative fusion of talotibial joint do not warrant an evaluation in excess of 40 percent.

The Board denied service connection for residuals of a gunshot wound to the chest, finding that it was not incurred in the line of duty and due to the veteran's own misconduct.

The Board found that the veteran's right eye disorder was not caused by VA treatment in September 1989 and denied his claim.

The Board denied service connection for residuals of fracture of the spine at the mid-upper level and a low back disorder, but granted an increased evaluation for residuals of fracture of the 3rd right metatarsal (MT).

The veteran's claims for increased ratings and temporary total evaluations were denied. The Board found no physiological basis for her subjective complaints of urinary incontinence or vaginal discharge, and there was no evidence of recurrent infections warranting a higher rating.

The Board denied the veteran's claim for non-service-connected funeral and burial benefits, finding that her application was not timely filed within two years of her death.

The Board found that the appellant misrepresented her income, which constituted a misrepresentation of a material fact. As such, the request for waiver of recovery was denied.

The Board has determined that the veteran did not submit new and material evidence to reopen his claims for service connection for duodenal ulcer and hiatal hernia, which were previously denied in December 1948 and March 1966 respectively. As such, these decisions remain final.

The veteran's request for a hearing before the Board is granted, and his claim of reopening service connection for right fifth toe condition is remanded to the RO for further action.

The Board denied the veteran's claim for an initial increased evaluation for malaria, finding no evidence of active disease or residual organ damage.

The Board denied the veteran's claim for an increased evaluation of his right elbow injury with traumatic arthritis, finding that the evidence did not support a higher rating based on limitation of motion or other factors. The preponderance of the evidence was against the claim.

The Board has determined that the veteran does not have current residuals of a fractured clavicle, fractured rib, right calf injury, or punctured lung due to service. Therefore, service connection for these conditions is denied.

The veteran's appeal has been dismissed due to his withdrawal of the appeals.

The VA has determined that the veteran's service-connected fracture of the base of the fifth toe right foot metatarsal does not warrant a compensable rating.

The VA determined that the veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment based on his education and experience.

The Board found that the veteran's failure to report his income and assets resulted in an overpayment of nonservice-connected pension benefits. The Committee on Waivers and Compromises denied recovery of this overpayment, finding it would not be against equity and good conscience.

The Board has determined that the termination of death pension benefits due to excessive income is appropriate, as the appellant's income exceeded the maximum annual limit for a surviving spouse without dependents.

The Board has reopened the veteran's claim for service connection for a low back disability, which was previously denied in December 1969. The evidence submitted since that time supports the presumption of soundness at service entry and establishes that the veteran incurred spondylolysis, L5-S1, bilaterally during active service.

The Board has determined that new and material evidence has been presented to reopen the appellant's earlier unfavorable character of discharge determination for his period of service from August 1965 to February 1968. The matter is now considered on its merits.