Other conditions decisions — 2002

The Board denied the veteran's claims for restoration of a 60 percent rating and TDIU, finding that his service-connected heart disability did not meet the criteria for higher ratings.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 for a respiratory condition and a disorder manifested by pain on the side of the face was denied as there is no evidence linking these conditions to VA or authorized treatment from 1945 to 1996, including his GI surgery in March 1963.

The Board found that the veteran's disability was not caused by VA medical treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The VA denied the veteran's claim for an increased initial evaluation of his service-connected residuals of a right distal fibula fracture, currently rated at 10 percent.

The veteran's need for increased pension based on the need for regular aid and attendance or by reason of being housebound is denied due to his disabilities not meeting the criteria for such benefits.

The Board has determined that the veteran's claimed disabilities, including left foot pain, bowel condition, and sexual dysfunction, are not proximately caused by VA medical treatment in 1996. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's current left elbow numbness and ulnar nerve entrapment are not due to VA treatment or negligence, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's service-connected psychosis did not cause or contribute to his death due to end-stage congestive cardiomyopathy and diabetes mellitus.

The VA denied the claim for service connection for the cause of the veteran's death, concluding that a service-connected disability did not cause or contribute substantially to his death.

The Board denied an increased rating for the veteran's service-connected residuals of compression fractures of T10 and T12, finding that the current 20 percent evaluation adequately reflects the severity of his disability.

The Board found that the veteran's left hip disability does not meet or approximate the criteria for a rating in excess of 10 percent, as there is no evidence of limitation of motion beyond what is already reflected by the current 10 percent evaluation. The RO has granted a separate 10 percent evaluation for arthritis of the left hip.

The Board has determined that the veteran's current left leg injury is not related to her service and denied her claim for service connection.

The Board denied the appellant's claim of recognition as the surviving spouse for purposes of determining entitlement to VA death benefits due to her separation from the veteran by mutual agreement in 1967, which was not due to the misconduct of the veteran.

The Board denied an increase in the rating for postoperative residuals of a right inguinal hernia, finding that the current 10 percent rating adequately reflects the veteran's condition.

The Board denied the veteran's claims for an effective date prior to December 10, 2000 for service connection and SMC due to lack of evidence submitted within one year of notification of denial.

The Board has granted a 10 percent evaluation for the neurological residuals of left inguinal hernia repair, effective from August 1998.

The Board has determined that a waiver of the recovery of an overpayment at issue is not precluded by fraud, misrepresentation or bad faith. The Committee must now determine whether recovery of this debt from the appellant would be against equity and good conscience.

The Board has determined that the veteran's alcoholism is not related to his service-connected PTSD and therefore denied his claim of service connection for alcoholism.

The appellant has withdrawn the appeal, and thus there are no allegations of errors for appellate consideration.

The Board denied an increased rating for the veteran's service-connected fracture of the left hand, finding that a 10 percent evaluation was appropriate based on pain and slight muscle weakness in the hand.