Other conditions decisions — 2002

The Board found that the veteran's loss of vision in his right eye was not caused by VA treatment, but rather due to a retinal tear and detachment unrelated to any blood thinner use. The decision grants compensation benefits under 38 U.S.C.A. § 1151.

The Board found clear and unmistakable error in the RO's decision to deny a compensable rating for malaria, and ruled that a 10% disability evaluation should have been assigned from September 1, 1945 through September 1, 1948.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefit purposes, finding that she did not meet the criteria due to her lack of continuous cohabitation with the veteran prior to his death.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board denied the veteran's claims for service connection for impotence as a residual of smoking and as a residual of syphilis aggravated in service, finding that the law precluded such claims after June 9, 1998.

The Board has determined that the veteran's service-connected stress fractures of both feet do not meet the criteria for a compensable evaluation, as they are currently rated noncompensably (0%) due to lack of findings consistent with moderate disability.

The Board has granted service connection for cataracts of the right eye and optic nerve damage of the left eye, finding that these conditions are related to the veteran's in-service injuries.

The Board has determined that the appellant can be recognized as the veteran's surviving spouse for VA benefit purposes, given her marriage to the veteran and their separation due to his misconduct without fault on her part.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found that the veteran's left median nerve disability does not meet the criteria for a higher evaluation due to incomplete paralysis. The veteran is denied an increased rating for his service-connected left median nerve paralysis. Additionally, he is denied special monthly compensation based on loss of use of the left hand as there is no anatomical loss of hand function.

The veteran's request for waiver of recovery of the $5262.00 overpayment was denied as not being timely filed.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected paroxysmal tachycardia, finding that the pre- and post-amendment schedular criteria did not favor him.

The veteran has withdrawn his appeal, and the case is dismissed.

The Board has determined that the veteran's cause of death was incurred in service due to exposure to herbicide agents used during his confirmed active service in Vietnam. The claim is granted.

The appellant was the veteran's surviving spouse at the time of his death, but she remarried in 1987 and is therefore not eligible for VA benefits as a properly recognized surviving spouse.

The Board has determined that the veteran's spouse and minor child are entitled to an apportionment of his VA compensation benefits from May 1999 until June 2001, based on the evidence showing the veteran provided financial support during this period.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral eye disability, finding that a rating in excess of 30 percent was not warranted prior to June 18, 1997 and that a rating in excess of 50 percent was not warranted subsequent to June 17, 1997.

The Board has granted service connection for right and left patellofemoral pain syndrome, finding that the veteran's symptoms had their onset in service.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the left lower extremity warrant a rating of 20 percent, effective as of the date of this decision.