Other conditions decisions — 2002

The Board denied the appellant's claim for basic eligibility for VA benefits due to her deceased spouse not having recognized military service with any branch of the United States Armed Forces.

The Board has granted a 40 percent evaluation for gunshot wound to the left buttock with arthritis of the left hip, and an initial evaluation in excess of 10 percent for impairment of the left thigh.

The appellant is not currently recognized as the veteran's surviving spouse due to her remarriage, and her claim for continuation of recognition as such has been denied.

The Board has determined that the veteran's service-connected chondromalacia of the patella in both knees does not warrant a rating higher than 10 percent, as there is no evidence of more than slight functional limitation or instability.

The veteran's case is being remanded to the RO for scheduling a videoconference hearing before a member of the Board, and her claims files should be made available to her representative.

The VA has determined that the veteran's Raynaud's syndrome, which causes characteristic attacks occurring four to six times per week, warrants a 20 percent evaluation.

The Board has granted a 40 percent evaluation for the veteran's residuals of shell fragment wounds of the right shoulder with retained foreign bodies, which is the maximum schedular rating available under muscle injury codes.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence. However, there is no competent or probative evidence linking the cause of death to service.

The Board has granted the waiver of recovery of an overpayment of VA pension benefits in the amount of $3,050. The decision concludes that collection would violate principles of equity and good conscience.

The Board has determined that the veteran's congestive heart failure is not proximately due to or the result of his service-connected asbestosis.

The Board denied the veteran's claims for service connection for total abdominal hysterectomy, temporary total disability ratings under 38 C.F.R. § 4.29 and 4.30, and compensation under 38 U.S.C.A. § 1151 due to lack of evidence establishing a relationship between her conditions and service or service-connected disabilities.

The Board has granted a waiver of recovery for the overpayment of death pension benefits, finding that repayment would cause undue hardship and is against equity and good conscience.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional genitourinary disabilities resulting from VA medical treatment is denied, as the evidence does not show that he sustained such disabilities due to VA care.

The Board found that the appellant could not be recognized as the surviving spouse of the veteran for VA benefits purposes due to legal issues regarding her previous marriage.

The veteran's nonunion at the left tibial osteotomy site is considered an additional disability resulting from VA treatment in August 1984, and thus compensation under 38 U.S.C.A. § 1151 is granted.

The Board found that the cause of death was not related to service or any service-connected condition, and there is no evidence of exposure to Agent Orange. Therefore, the claim for service connection for the cause of death was denied.

The veteran's service-connected right testis pain with radiating pain to the hip, back, and pelvis is currently evaluated as noncompensable. The Board found that there was no evidence of a hernia or additional injury to the muscle.

The Board has denied the claim for service connection for refractive error and myopia, finding no evidence of a vision disability incurred in or aggravated by military service.

The Board found that the veteran's death was not caused by a service-connected condition, and thus denied his claim for service connection for the cause of his death.

The Board denied the veteran's claims for ratings in excess of 10 percent for peptic ulcer disease and malnutrition.