Other conditions decisions — 2002

The appellant is not entitled to the payment of accrued benefits in an amount greater than $615. The RO has determined that only $615 of the widow's funeral expenses were paid, and thus he cannot receive more.

The Board denied an initial evaluation in excess of 50 percent for the veteran's left shoulder disability, finding that a maximum schedular evaluation of 70 percent had already been assigned.

The Board has reopened the veteran's claim for service connection for a left leg disability due to new and material evidence submitted since the July 1997 rating decision.

The Board found that the veteran's service-connected bowel problems (seepage) are not manifested by severe disability, and thus denied an initial rating in excess of 10 percent.

The Board denied the veteran's application to reopen his claim for service connection for a right eye condition, finding that new and material evidence had not been submitted.

The VA denied an increased rating for the veteran's right ankle condition, which was already rated at the maximum disability evaluation available under the applicable diagnostic code.

The Board denied a higher evaluation for the veteran's left lower leg crush injury, status post compartment fasciotomy, finding that the disability was essentially manifested by painful superficial scars and did not meet the criteria for an evaluation in excess of 10 percent.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim of entitlement to service connection for the cause of the veteran's death, as her contentions are not corroborated by competent evidence.

The veteran's service-connected major depression is rated at 70 percent, and she is granted a TDIU. The right ovarian cyst and polycystic breast disease are not considered disabling.

The Board denied the veteran's claim for special monthly compensation based on need for regular aid and attendance or being housebound due to his service-connected disabilities, as he did not meet the criteria for either benefit.

The veteran's claims for an increased rating for PTSD and a total rating based on individual unemployability are being remanded due to the need for a Travel Board hearing.

The Board found no evidence of negligence or other fault in the provision of VA medical and surgical care that caused or contributed to the veteran's left eye vision loss. Therefore, compensation under 38 U.S.C.A. § 1151 for left eye vision loss is denied.

The case is being remanded to allow the appellant to have a local hearing at the RO before any further action by the Board.

The Board denied the appellant's claim as she could not be recognized as the surviving spouse of the veteran for VA benefits due to a legal impediment in her marriage, which was considered void under Philippine law.

The veteran's claim for a TDIU due to his service-connected disabilities is denied as he failed to report for the scheduled VA medical examination.

The Board has denied the veteran's termination of non-service connected pension benefits and his request for waiver of overpayment of pension benefits in the amount of $7,233.20.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence, but denied the claim as there is no evidence showing that the veteran's aplastic anemia was caused by exposure to herbicides or any other service-connected condition.

The Board has determined that the veteran's varicose veins of both legs warrant a 10 percent evaluation each, based on symptoms such as aching and fatigue after prolonged standing or walking.

The Board denied an increased evaluation for service-connected left varicocele, finding that the condition is recurrent and productive of pain but no impairment of genitourinary function.

The Board has granted a 100 percent evaluation for the veteran's service-connected cardiovascular disease with aortic insufficiency and stenosis and beginning mitral manifestation, effective from the date of this decision.