Other conditions decisions — 2002

The veteran's service-connected deformity of the right fifth finger does not prevent him from engaging in substantially gainful employment.

The Board found that the appellant's abdominal hernia with diastasis recti does not meet the criteria for a higher rating, as it is not large or not well supported by belt under ordinary conditions. The current 20% rating assigned in June 1997 remains unchanged.

The VA determined that the veteran's service-connected valvular heart disease did not cause or contribute to his death from arteriosclerotic cardiovascular disease, cerebrovascular accident, and deep venous thrombosis. The Board found no evidence linking these conditions to service.

The veteran's prostate disorder and left lower leg disability are not service-connected. The Board finds that the veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151, as there was no negligence or fault on VA's part in providing medical treatment. The Board also found insufficient evidence to establish a secondary service connection between the left lower leg disability and the service-connected burn scars.

The Board found that the veteran's present genitourinary disorder is not related to his active service and denied his claim for service connection.

The Board found that the appellant and the veteran were not legally married at the time of the veteran's death, and thus she is not entitled to recognition as his surviving spouse for VA benefits.

The VA determined that the veteran's perirectal abscess does not warrant a rating in excess of 30 percent, and did not meet the criteria for a temporary total disability rating.

The Board granted service connection for Familial Mediterranean Fever (FMF) with splenomegaly and anemia, but denied the claim of service connection for a claimed innocently acquired psychiatric disorder.

The Board has determined that the veteran's cataracts are not caused or aggravated by his service-connected diabetes mellitus, and thus denied the claim for secondary service connection.

The Board determined that the veteran's sebaceous cyst disorder has remained stable and does not warrant an increased evaluation beyond the current 10 percent rating.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death is granted, effective from February 3, 1994. This decision was based on the liberalizing VA regulations which provide presumptive service connection for Hodgkin's disease for Vietnam era veterans who served in the Republic of Vietnam.

The Board found that accrued benefits were not payable for the additional compensation not paid to the veteran for his spouse from October 1, 1978 to July 1, 1998 due to lack of proof of marriage.

The Board denied the veteran's claim for service connection for dental disability, finding that his disabilities were not incurred or aggravated by service and are not related to any service-connected conditions.

The Board denied the veteran's claims for increased ratings for his right elbow and wrist conditions, finding that the evidence did not meet the criteria for a disability rating in excess of 30 percent.

The Board denied the veteran's claims for increased ratings for traumatic degenerative joint disease of the left great toe and residuals of a shell fragment wound to the left leg, finding that the evidence did not support higher disability ratings based on current symptoms or functional impairment.

The Board denied the veteran's request for a waiver of overpayment of nonservice-connected disability pension benefits, finding that he was at fault in creating the overpayment and applying principles of equity and good conscience did not warrant a waiver.

The Board has determined that the veteran meets the criteria for special monthly compensation based on the loss of use of both lower extremities and financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile.

The Board of Veterans' Appeals has determined that the appellant is the last-named beneficiary of the veteran's NSLI policies and is therefore entitled to all proceeds.

The Board has denied an increased rating for the veteran's service-connected bilateral cataracts, finding that a rating higher than 30 percent is not warranted at any time during the appeal period.

The Board found that the appellant's service-connected traumatic arthritis of the left forearm does not warrant a higher disability rating, as his symptoms do not meet or approximate the criteria for a disability rating in excess of 20 percent.