Other conditions decisions — 2002

The Board has remanded the case for scheduling a personal hearing and further adjudication of the claim.

The Board denied the veteran's claim for service connection for tremors of the hands, finding that his preexisting tremor disorder did not worsen during service and was presumed to have existed prior to enlistment.

The Board denied the veteran's claims for increased evaluations for his left second toe disability, finding no basis to assign ratings higher than 10 percent prior to May 17, 1999 and 20 percent since July 1, 1999.

The Board denied restoration of service connection for enucleation of the left eye, finding that the condition existed prior to induction and was not aggravated by service.

The Board found that the overpayment of disability pension benefits was properly created due to the veteran's failure to report his dependent child's Social Security income. The Committee on Waivers and Compromises determined that recovery would not be against equity and good conscience, as it did not result from fraud, misrepresentation or bad faith.

The VA denied compensation for additional disability of the right eye as a result of treatment in November and December 1973, stating that there was no evidence of negligence or malpractice.

The VA has denied the veteran's claim for an increased evaluation of her chondromalacia patella of the left knee, currently rated at 10 percent. The evidence does not support a higher rating based on more severe symptoms or impairment.

The Board denied the veteran's claims for service connection for varicose veins of the left leg and an increased rating for varicose veins of the right leg, finding no current evidence of these conditions.

The veteran's skin disability and PTSD claims are reopened, but the Board did not decide whether service connection was warranted for these conditions.

The Board has determined that the cause of the veteran's death was not incurred or aggravated by service, and therefore denied the claim for service connection for the cause of death.

The Board found that the veteran's metastatic gastric cancer was not caused by service or Agent Orange exposure, and denied the claim for service connection for the cause of death.

The Board found that the appellant was guilty of bad faith in creating an overpayment of improved death pension benefits, and therefore denied waiver of recovery.

The Board has determined that the veteran's dental disability, including teeth 8 and 11, is service-connected due to trauma sustained during service.

The Board denied the appellant's claim for recognition as a surviving spouse of the veteran, finding that she did not meet the legal requirements to be considered such due to her marriage occurring within 15 years of the veteran's separation from service and having no children born before or during this marriage.

The Board denied an earlier effective date for service connection for prostatitis, finding that the claim was not well-grounded and no new evidence had been submitted to reopen a final denial.

The veteran's claim for an effective date prior to September 20, 2000, for nonservice-connected disability pension benefits was denied as he did not meet the requirements for retroactive pension benefits due to his stroke occurring on August 25, 2000.

The veteran's claim for a higher evaluation and service connection for residuals of his left little finger were granted effective January 14, 1991. The TDIU claim was also granted.

The Board has determined that the appellant's appeal to file a claim for service connection for the cause of the veteran's death was not timely filed.

The Board has granted an increased rating of 20 percent for the veteran's service-connected residuals of a fracture of the right mandible, effective from the date of the decision.

The veteran's hearing loss was not shown to be service-connected as he did not have a current disability for VA compensation purposes.