Other conditions decisions — 2002

The Board has determined that the veteran's shell fragment wound to the left upper back, sustained during combat action with the enemy, was incurred in service and is therefore granted service connection.

The appellant is not eligible for death benefits as the veteran's surviving spouse due to a lack of legal marriage and other eligibility criteria.

The Board has determined that no new and material evidence was submitted to reopen the veteran's claims of service connection for ear infections and perforated eardrums, as the additional evidence does not provide a causal link between these conditions and his military service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left leg condition. The additional evidence suggests that the veteran's preexisting left leg condition increased in severity during service.

The VA determined that the veteran's residuals of a shell fragment wound with retained metallic fragments in the chest wall do not warrant an increased evaluation.

The veteran's residuals of a gunshot wound to the left foot are manifested by partial amputation of the great and second toes, a heel spur with plantar calcification, bony ankylosis, and degenerative changes in the left great toe. The schedular criteria for a rating of 40 percent have been met.

The Board denied the appellant's claim that the April 1985 rating decision denying helpless child status for DIC benefits was clear and unmistakable error (CUE). The effective date of DIC benefits could not be earlier than November 1, 1994.

The Board found that the appellant was entitled to DIC benefits for the period between April 1, 1995, and October 1, 1998, based on her status as a surviving spouse of the veteran who died in June 1972. The decision overturned the RO's termination of her DIC benefits due to holding herself out as MT's spouse.

The unusual medical expenses deduction for 1998 was calculated correctly, and the veteran is not entitled to additional reimbursement.

The VA denied the veteran's claim for a disability rating in excess of 10 percent for his service-connected right ankle fracture. The Board found that the evidence did not support a higher rating based on moderate limitation of motion.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran, and thus cannot be recognized by VA for purposes of death benefits.

The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits, finding that the veteran was reasonably discharging his duty to support their child and that financial hardship would result from an apportionment.

The Board denied the veteran's claim for an increased rating for double vision due to left superior oblique palsy, currently rated at 10 percent. The evidence showed that the veteran had uncorrected visual acuity of 20/70 in his left eye and 20/20 in his right eye, with diplopia and a slight esodeviation noted.

The Board denied the veteran's request for an extension of her delimiting date for education assistance benefits under chapter 30, title 38, United States Code due to a lack of medical evidence showing that she was prevented from initiating or completing an educational program during her basic chapter 30 delimiting period.

The Board denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 due to a lack of medical evidence showing that his current right foot deformity was caused by VA treatment.

The veteran's left knee disability, which includes osteochondritis dissecans and arthritis, is rated at 30 percent. This rating reflects the severity of his condition as it currently stands.

The appellant is not recognized as the veteran's surviving spouse for VA death benefit purposes due to a final divorce judgment, and thus cannot claim entitlement to DIC benefits or other VA benefits.

The Board found that the veteran did not file a timely and adequate substantive appeal regarding his claim for total disability rating based on individual unemployability, thus dismissing the issue.

The Board has determined that the overpayment was validly created due to the veteran's incarceration, which affected his VA compensation benefits. The decision grants waiver of recovery of the overpayment in the amount of $19,322.07.

The Board denied an increased rating for recurrent postoperative bilateral inguinal hernias, currently rated at 20 percent disabling.