Other conditions decisions — 2002

The Board found that the veteran's pleural adhesions did not warrant a higher evaluation, as they were manifested by severe empyema without extensive pleural or pleuropericardial adhesions.

The Board has granted a 20% rating for the veteran's service-connected status-post thoracotomy and repair of traumatic aortic aneurysm, effective from the date of the decision. The claim for increased ratings for multiple rib fractures remains pending.

The Board granted service connection for systemic lupus erythematosus as secondary to service-connected discoid lupus erythematosus with a 100 percent evaluation effective July 31, 2002.

The Board has determined that some of the subsequently received medical evidence is new and material, and thus the veteran's claim of entitlement to service connection for a cardiac disability is reopened.

The Board has determined that the veteran's claimed right elbow injury did not occur in service and there is no evidence linking current right elbow disability to service. As a result, the claim for service connection for residuals of a right elbow injury is denied.

The Board dismissed the veteran's appeal as he did not file a timely and adequate substantive appeal regarding his claim of entitlement to service connection for skin disease as a result of exposure to herbicides.

The Board found that the appellant and veteran were legally divorced in September 1997, which means she is not entitled to VA death benefits as his surviving spouse.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits, finding that collection would not be against equity and good conscience due to her significant income from Social Security and Civil Service annuity.

The veteran's appeal regarding the apportionment of his VA compensation benefits for his child, P.R.K. II (PRK), was dismissed as he did not initiate an appeal with respect to this issue.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because no additional disability involving broken legs, staph infection, and osteomyelitis was proximately caused by VA medical treatment in 1996.

The veteran's residuals of incisional hernia repair resulting from gall bladder surgery are currently rated at 20 percent, effective February 14, 1992. The issue of a temporary total rating for convalescence related to the surgery is also granted.

The Board has determined that the overpayment of pension benefits should be waived due to the appellant's failure to report his wife's Social Security income, which resulted in an overpayment. The decision concludes that recovery would not be against equity and good conscience as it does not deprive the appellant or his family of basic necessities.

The VA determined that the veteran's right flank pain is not related to the retained guide wire from his 1998 surgery and thus does not qualify for compensation under 38 U.S.C.A. § 1151.

The veteran's total and permanent disability was determined before the appellant reached age 26, making her ineligible for educational assistance benefits under Chapter 35 of Title 38.

The Board has granted a compensable initial rating of 10% for the veteran's residuals of a fracture of the right fifth metacarpal, effective December 12, 1999.

The Board denied the veteran's claim for an increased rating for his service-connected gunshot wounds to the chest, finding that the evidence did not warrant a higher rating under any applicable diagnostic codes.

The Board denied the veteran's claim for service connection for residuals of anterior poliomyelitis, finding that it was not incurred in or aggravated by military service.

The Board found no evidence of a relationship between the veteran's cognitive disorder and his service or any service-connected disability, thus denying the claim for service connection.

The medical evidence does not show that the osteoporosis of the left foot was caused by VA treatment received in August 1994.

The veteran's claim for reimbursement of unauthorized dental expenses from December 9, 1999 to April 13, 2000 is denied as there was no evidence of a medical emergency or that delay in dental treatment would have been hazardous to life or health.