Other conditions decisions — 2002

The Board has denied the veteran's claim for an increased rating for his service-connected compound, comminuted fracture of left patella due to gunshot wound (GSW) of the left knee. The evidence does not support a higher rating as the veteran retains range of motion in the knee and there is no instability.

The Board has determined that a 100 percent disability rating is warranted for the veteran's bilateral chorioretinitis, effective April 11, 2001.

The Board has denied the veteran's claims for service connection for arthritis of the hands and thumb disability due to lack of evidence supporting these conditions. The veteran failed to cooperate with VA examinations, which resulted in a denial based on the current medical record.

The Board denied the veteran's claim for an increased evaluation of his residuals of a gunshot wound, including injury to the pleural cavity, as it did not meet the criteria for a higher rating under any applicable diagnostic codes.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for his residuals of a fracture of the right wrist, finding that the evidence did not show ankylosis or involvement of two or more minor joint groups.

The Board found that the apportionment of $100 monthly for the veteran's child was properly created, and the overpayment debt of $886 was properly created and calculated. The decision also concluded that recovery of this overpayment would not be against equity and good conscience.

The veteran's eligibility for educational assistance benefits under Chapter 30 and/or Chapter 32 was denied due to his failure to meet the service eligibility requirements, specifically not having served an obligated period of active duty as required by law.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 due to memory loss resulting from a septoplasty performed at a VA facility, finding no reasonable possibility that VA assistance would aid in substantiating the claim and concluding that there is no evidence linking the memory loss to the septoplasty.

The April 1978 rating decision denied service connection for peripapillary choroiditis, both eyes. The veteran's claim of bilateral serpiginous choroiditis was granted effective from February 22, 1999.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her excessive income, which exceeded the statutory maximum rate of death pension.

The Board has granted a 30 percent rating for the veteran's skin disorder for accrued benefits purposes, effective from January 17, 1989.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, claiming it was due to Agent Orange exposure. The evidence did not establish a link between the veteran's gastric adenocarcinoma and his military service or presumed exposure to herbicides.

The Board denied the veteran's claim for an earlier effective date for a grant of nonservice-connected pension benefits, finding that the finality of the RO decision in October 1994 was not vitiated by any procedural errors and that the veteran did not file his reopened claim within one year of becoming permanently disabled.

The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board denied compensation under 38 U.S.C.A. § 1151 for the cause of the veteran's death due to lack of medical evidence linking the burns sustained during VA treatment to his fatal heart condition.

The Board denied the veteran's claim for service connection for a skin rash, finding no evidence of a chronic disability and concluding that any current symptoms are not related to military service.

The Board denied the appellant's request for waiver of recovery of an overpayment of Section 306 death pension benefits due to a finding of fraud and misrepresentation on her part.

The veteran's service-connected residuals of a fracture of the mandible with internal derangement of the left temporomandibular joint are not entitled to an increased evaluation beyond 10 percent.,The veteran's service-connected residuals of a fracture of the right maxilla do not meet the criteria for a compensable rating.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death, which was previously denied in December 1998.

The VA determined that the appellant is not recognized as the veteran's surviving spouse due to her divorce from the veteran and lack of proper service connection.