Other conditions decisions — 2003

The Board finds that the appellant's deceased spouse had no recognized active service and therefore does not meet the requirements for basic legal entitlement to VA death benefits.

The Board denied the veteran's claims for increased ratings for her varicose veins of the right leg, finding that she did not meet the criteria for a disability rating in excess of 20 percent prior to January 12, 1998 and found that she met the criteria for a disability rating in excess of 40 percent from January 12, 1998.

The Board has determined that the veteran's service-connected right thumb fracture does not result in any current impairment, and thus a compensable rating is denied.

The Board has granted the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $3,246.00 due to undue financial hardship.

The Board denied the veteran's claim for an increased evaluation for his service-connected residuals of a fractured pelvis with degenerative changes, finding that the evidence did not more nearly approximate the criteria for a higher rating.

The veteran's claim for service connection for bilateral shin splints and other leg disorders is being remanded due to unclear findings from the VA examination. The examiner needs to provide a clear diagnosis of all current leg disorders, determine their onset during service, and assess whether they are related to conditions present at the end of his military service.

The Board has determined that the effective date for the grant of service connection for the disability of the second toe of the left foot should be April 4, 1986.

The Board found that the veteran's death was not caused by a service-connected condition and denied DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the veteran's request for an increased evaluation for prostatitis with urethritis, finding no current symptoms of these conditions that would warrant a compensable rating.

The veteran has withdrawn his appeal for an increased rating of the residuals of a history of rib fracture, which was previously characterized as pleural cavity, residuals of rib fracture.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting the appellant's request for a waiver.

The Board has ordered further development due to pending issues regarding the veteran's claim for service connection for bilateral knee disabilities. The case is now remanded for additional examination and review.

The Board has denied service connection for the cause of the veteran's death and eligibility for Survivors' and Dependents' Educational Assistance (SDEA). The appellant's claim is based on fatal medical conditions that are not linked to his military service or a service-connected disability.

The Board has determined that the veteran's residuals of an injury to the spine is a current disability incurred in service, supported by medical evidence and consistent with combat status. The claim for service connection is granted.

The VA denied service connection for the cause of the veteran's death due to a cardiovascular disorder, as there was no evidence linking it to his military service or any service-connected conditions.

The Board denied the veteran's claims for initial compensable evaluations for his service-connected stress fractures of the tibia and fibula, right leg, and tibia, left leg. The VA examinations did not show any functional impairment or disability.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded for specific actions related to obtaining a medical opinion regarding the veteran's malaria.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a psychiatric disorder, which was previously denied in May 1994. The veteran's current diagnosis is chronic, paranoid type schizophrenia, but he argues that his pre-existing psychosis was aggravated during military service.

The Board has ordered further development due to missing service medical records and the need for an eye specialist examination. The case is now remanded for these actions.

The appellant's claim for recognition as the veteran's surviving spouse and accrued benefits was denied because she did not meet the legal requirements to be considered a surviving spouse, and there were no unpaid VA benefits at the time of the veteran's death.