Other conditions decisions — 2002

The Board denied the appellant's claim that her daughter is a helpless child of the veteran, finding no evidence to support this status.

The VA determined that the veteran's service-connected residuals from right bicipital tendon surgery warrant a 10 percent disability rating, effective as of the date his claim was filed.

The Board found that there is no evidence of a bilateral callous condition during service and the veteran did not receive a medical examination at separation. The current callous condition was first noted 40 years after service, and there is no indication it is related to service.

The Board has found that new and material evidence had been submitted to reopen the claim, resulting in a denial of service connection for residuals of a left eye injury on the basis that the claim was not well grounded.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for dependent's educational assistance under Chapter 35, finding that there was no reasonable possibility that the veteran's disease resulted from radiation exposure in service.

The Board has granted a 40 percent evaluation for duodenal ulcers and determined that the veteran is entitled to TDIU based on his service-connected duodenal ulcer.

The Board found that the veteran's current neck disability is not related to service, and thus denied his claim for service connection.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence. However, it is determined that no disability incurred in or aggravated by service caused or contributed substantially or materially to cause the veteran's death.

The Board denied a waiver for the overpayment of DIC benefits, finding that recovery would not be against equity and good conscience.

The Board found that the veteran's right elbow injury was not incurred or aggravated in service and denied his claim for service connection.

The Board has granted service connection for residuals of cold injury to the bilateral hands, finding that the veteran's account of exposure during his time as a prisoner of war is credible and supports this determination.

The Board finds that the veteran does not have additional disability of the left upper extremity or lower back due to VA medical treatment, and thus his claims for compensation under 38 U.S.C.A. § 1151 are denied.

The veteran's service was not considered wartime or Vietnam-era, thus the appellant is not eligible for death pension benefits.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for residuals of a left hamstring injury.

The veteran's service-connected left eye pterygium and pharyngitis, status post tonsillectomy, are not shown to meet the criteria for a compensable evaluation under applicable VA rating criteria. The RO has determined that referral for extra-schedular consideration is not warranted.

The VA denied the claim for service connection for the cause of the veteran's death, concluding that neither cardiovascular disease nor pancreatic cancer was incurred or aggravated by active military service and that they did not contribute to his death.

The Board found that the veteran does not have an organic disability of the right hand or arm of service origin, and thus denied his claims for service connection.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied the claim.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA disability pension benefits in the amount of $18,584.43 as his request was not timely filed.

The Board found that the veteran's left hip disability, characterized as postoperative residuals of a left hip fracture, does not warrant an evaluation in excess of 10 percent. The RO continued the 10 percent evaluation for the disability and granted a separate 10 percent evaluation for a superficial tender scar on the left hip.