Other conditions decisions — 2002

The Board finds that the veteran's current residuals of frozen feet, including numbness and temperature sensitivity, are due to a cold injury sustained during service. By extending the benefit of the doubt to the veteran, the claim for service connection is granted.

The Board found that the veteran's L5-S1 spondylolisthesis with strain does not meet or approximate the criteria for a disability rating greater than 20 percent.

The Board has reopened the veteran's claim for service connection for residuals of a right eye injury due to new medical evidence showing current choroidal ruptures in the right eye. The appeal is granted.

The Board found that the veteran does not have peptic ulcer disease, and thus denied her claim of entitlement to service connection for this condition.

The veteran's overpayment of VA improved pension benefits in the amount of $1,672.00 is waived due to severe financial hardship and the fact that recovery would defeat the purpose for which benefits were intended.

The Board has granted a 10 percent evaluation for the veteran's service-connected multiple lipomata of the trunk and upper arms, effective December 20, 1989.

The Board has granted an increased rating to 10 percent for the veteran's service-connected pre-syncope and respiratory disorder due to fume exposure, effective from November 1994.

The veteran's claim for an increased rating for a psychophysiologic musculoskeletal reaction is denied as the evidence does not show that his condition warrants a higher than 10 percent disability rating.

The Board has determined that the veteran's service-connected fractured coccyx does not warrant a rating higher than the initial assigned 10 percent, as there are no painful residuals associated with the fracture. The VA examiner concluded that the current back pain symptoms do not stem from the coccyx injury.

The Board has determined that there is no evidence of a disability manifested by memory loss or left elbow disability in service, and the veteran does not have current disabilities related to these conditions.,Service connection for a disability manifested by memory loss and a left elbow disability (epicondylitis) cannot be established as they are not shown to have had their onset during active duty.

The veteran's claim for service connection for atrial fibrillation as secondary to his service-connected disability is being remanded. Additionally, the issue of service connection for alcohol abuse as secondary to PTSD is also being considered.

The Board found that there is no evidence of neuroendocrine carcinoma during service or within the first year after retirement, and it was not linked to Agent Orange exposure. The cause of death was determined to be neuroendocrine carcinoma.

The Board has granted a compensable evaluation of 10 percent for the veteran's left lower ribcage injury, effective from June 1998. The right patella chondromalacia remains at a 10 percent rating.

The Board denied the appellant's claim for recognition as a surviving spouse of the veteran, finding that she did not meet the legal criteria to be considered the veteran's surviving spouse.

The Board has granted a waiver of recovery for an overpayment of $1,191.00 in death pension benefits due to the appellant's financial hardship and her prompt repayment of a prior overpayment.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits, finding that there was substantial fault on her part in creating the overpayment and that recovery would not be against equity and good conscience.

The Board has determined that there was no clear and unmistakable error in the June 22, 1983 rating action denying service connection for PTSD. The veteran's claim of entitlement to an earlier effective date for TDIU and a higher disability evaluation for PTSD is also pending.

The veteran's lung cancer is presumed to have been incurred due to exposure to ionizing radiation during service. The Board found no evidence of a cardiovascular disorder, arthritis, or COPD on separation from service and did not find that these conditions were related to service or exposure to ionizing radiation in service.

The Board denied the claim for waiver of overpayment of widow's pension benefits, finding that the debtor misrepresented material facts and acted with intent to seek unfair advantage. The debt is therefore precluded by law.

The Board found that the veteran's death was not caused by his service-connected disabilities, and denied the claim for service connection for the cause of the veteran's death.