Other conditions decisions — 2002

The Board found that the cause of the veteran's death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's request for a video-conference hearing has been granted. The case is now remanded to the RO for scheduling of the hearing and notification.

The Board denied the veteran's claim for service connection for postoperative status basal cell carcinoma of the right side of the face as a result of exposure to ionizing radiation, finding that there was no reasonable possibility that his condition was due to such exposure.

The Board of Veterans' Appeals (BVA) has determined that the veteran does not have a current stomach disorder related to his service, and thus denied his claim for service connection.

The Board has determined that the veteran does not meet the criteria for an initial compensable evaluation for residuals of fractures of the right pelvis, right femoral shaft, and left tibia and fibula.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding that the new evidence did not relate the cause of death to his military service or any service-connected condition.

The Board has determined that the reduction of the disability evaluation from 10% to 0% for residuals of a fracture of the left 4th metatarsal was not warranted due to lack of improvement in the veteran's condition.

The Board has determined that the veteran's exposure to Agent Orange during his service in Vietnam contributed substantially and materially to cause his death from cholangiocarcinoma.

The Board found that the veteran's pancreatitis was not incurred or aggravated during service and is not proximately due to his service-connected hepatitis.

The initial rating for the veteran's sesamoid bone condition of the right foot, effective prior to January 5, 1996, is granted at a 10 percent disability level.

The Board found that the evidence did not demonstrate the appellant was insane at the time of his unauthorized absence or escape from lawful confinement, and thus denied his claim.

The VA determined that the veteran's mass of the left supraclavicular area does not meet the criteria for a compensable rating, as there is no evidence of limitation of motion or other disabling symptoms.

The Board has determined that the veteran's claimed conditions, including gingivitis, herpes simplex I, and Gilbert's syndrome, were not incurred in or aggravated by active service. The current diagnoses of gouty arthritis of the right knee and left knee are related to disorders documented during service.

The Board found that the veteran's current bilateral foot condition, including calluses and corns, is not related to his service-connected ruptured left Achilles' tendon.

The Board denied the veteran's request for waiver of a $24,194 overpayment in his nonservice-connected pension benefits due to fault on the veteran's part and lack of undue hardship.

The Board has recognized the appellant as the veteran's surviving spouse for VA death pension benefits, based on a valid marriage despite the veteran having previously married and abandoned his first wife.

The Board denied the appellant's claim for an effective date earlier than February 4, 1998 for service connection for the cause of the veteran's death. The decision is based on a direct relationship between the cause of death and a service-connected disability.

The VA denied the veteran's request for an increased rating for his sacroiliac arthritis, finding that it currently meets a 20 percent evaluation.

The Board found that the appellant was at fault in creating the overpayment of VA death pension benefits due to her failure to report earned income. The debt would be waived as it is against equity and good conscience, considering the appellant's oversight rather than intentional misconduct.

The veteran's service-connected bilateral eye disability results in visual acuity of 5/200 or less bilaterally and regular need for aid and attendance, warranting special monthly compensation at the rate payable pursuant to 38 U.S.C.A. § 1114(m).