Other conditions decisions — 2002

The veteran's request for a hearing before the Board of Veterans' Appeals has been granted, and he is scheduled to appear at an RO hearing. The case is being remanded due to procedural issues.

The Board denied the appellant's claim of service connection for the cause of her husband's death and also denied DIC benefits under 38 U.S.C.A. § 1318 due to lack of new and material evidence.

The veteran's right foot disability, including amputation of the second toe and deformities, is currently rated at 40 percent. The claim for an increased rating has been denied as his condition does not warrant a higher evaluation.

The Board denied an increased rating for the veteran's service-connected fracture of the twelfth thoracic vertebra, currently evaluated at 20 percent.

The Board has granted service connection for the cause of the veteran's death, but denied an earlier effective date due to lack of a perfected appeal.

The Board found that the veteran's squamous cell carcinoma was not misdiagnosed or should have been diagnosed at an earlier point, and there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers. Therefore, the requirements for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 were not met.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for pancreatitis and residuals of head trauma, including headaches and blackouts. The appellant's initial claims were denied in 1986 and 1997 respectively, and no new or material evidence was presented since those decisions.

The appellant is over the age of 23 and has been married since age 21, so she does not meet the legal eligibility requirements for VA benefits as a child of the veteran.

The Board found that the overpayment of educational assistance benefits in the amount of $782, paid pursuant to Chapter 30, Title 38, United States Code, was properly created and denied the veteran's appeal.

The Board has determined that the appellant is not entitled to recognition as a surviving spouse of the veteran for the purpose of receiving VA benefits due to the marriage occurring within 15 years of the veteran's separation from military service.

The veteran's appeal is about the evaluation of his right elbow disability. The case has been remanded due to a hearing issue.

The Board has determined that the veteran's claimed visual impairment, including myopia, was not incurred or aggravated by active military service. Additionally, the veteran's service-connected vertigo and headaches have been evaluated as they currently manifest, with no additional increase in evaluation warranted.

The Board has determined that the appellant's income exceeds the maximum annual pension rate for a helpless child, thus denying her claim for improved death pension benefits.

The Board denied the veteran's claim for compensation benefits for the residuals of an injury to his back and neck, as there was no evidence of a service-connected condition during a period of VA-authorized Vocational Rehabilitation.

The veteran's claims for higher ratings are being remanded to the RO for further development and consideration, including scheduling a hearing before a local hearing officer and providing an appropriate Supplemental Statement of the Case (SSOC) addressing his right thumb disability.

The veteran's service-connected shrapnel injuries of the left posterior thigh and elbow have been evaluated at 10 percent, which is the maximum schedular rating available for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for urticaria/hives, which was previously denied in July 1992. The veteran's current treatment with Atarax daily since 1989 is considered significant.

The Board has determined that the veteran's service-connected scar, residual of a ventral hernia repair, does not warrant an increased evaluation as it is essentially asymptomatic and does not meet the criteria for any higher rating under applicable diagnostic codes.

The Board granted service connection for arthritis of the left thumb, finding that it was incurred in service. The other issues (tinea pedis and a skin condition) were not addressed due to remand.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for meatal stenosis, finding that his symptoms did not meet the criteria for a higher evaluation.