Other conditions decisions — 2002

The veteran's claim for a waiver of recovery of a debt stemming from an overpayment of improved pension benefits was denied due to his misrepresentation of his spouse's income and continued failure to report additional income, which resulted in the creation of the overpayment.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death pension benefits due to her remarriage after the veteran's death and subsequent divorce, which did not qualify her for exceptions under current law.

The veteran's claim for payment of unauthorized medical expenses is being remanded due to the inextricably intertwined issues and the need to develop the Section 1151 claim. The issue will be reconsidered after all development has been completed.

The veteran's colon cancer was not linked to his military service, exposure to herbicides, or any disease or injury in service. The Board denied the claim for service connection.

The Board denied the motion for revision of the July 2001 decision on grounds of clear and unmistakable error (CUE), finding that there was no CUE in the October 1976 rating decision.

The Board denied an initial compensable disability rating for osteomyelitis of the left femur, finding no evidence of active osteomyelitis since 1988 and concluding that a compensable evaluation is not warranted under Diagnostic Code 5000.

The appellant is recognized as the surviving spouse of the veteran for VA purposes.

The Board denied an increased rating for the veteran's service-connected atrophy of the left testicle, currently rated as 10 percent disabling.

The Board denied the appellant's claim for educational assistance benefits under Chapter 30, Title 38, United States Code due to his failure to meet basic eligibility criteria.

The Board has determined that the veteran's service connection claim for residuals of a left leg injury is granted, as all reasonable doubt in his favor has been resolved.

The Board denied the veteran's claim for service connection for residuals of a left index finger injury as there is no current medical evidence of such disability and it was not incurred in or aggravated by service.

The Board has determined that there is no evidence of facial paralysis and the veteran's claim for a compensable evaluation for his seventh cranial nerve condition is denied.

The Board has granted the veteran's claim of new and material evidence for arthritis of the back, reopening his previously denied claim. The issue of an increased evaluation for neuritis of the thoracic region remains pending.

The Board has determined that the appellant does not have current residuals of a head injury incurred during service, and therefore is not entitled to service connection for this condition.

The Board denied the veteran's request to reopen his claim for service connection for a nervous disorder, finding that the new evidence submitted was not material.

The veteran's claims for increased evaluations for his patellofemoral syndrome and degenerative joint disease of the knees have been denied. The RO has granted service connection, but did not provide the requested higher ratings.

The Board has denied the veteran's claim for a disability rating greater than 60 percent for neurogenic bladder secondary to spina bifida of the sacrum, upper segments, with meningocele as there is no evidence of frequent hospitalizations or marked interference with employment due to this service-connected condition.

The Board found that the veteran's chronic lung disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claim for service connection was denied.

The Board denied the appellant's claim for service connection for mitral valve regurgitation, finding that it did not manifest to a degree of 10% within one year after separation from active service and could not be presumed due to exposure to Agent Orange or other presumptive conditions.

The VA has determined that the veteran's cause of death, Waldenstrom's macroglobulinemia leukemia, was not incurred in or aggravated by service and is not presumed to be related to exposure to herbicides. The claim for service connection for the cause of the veteran's death is denied.