Other conditions decisions — 2003

The Board has determined that the veteran's disability from ruptured right middle cerebral artery aneurysm warrants a rating of 10 percent, effective as of the date service connection was granted.

The Board found that the appellant's income was excessive for an award of nonservice-connected death pension benefits and denied her claim.

The VA determined that the appellant's late husband did not have qualifying military service, and therefore he does not meet the requirements for basic eligibility for VA death benefits.

The Board denied the appellant's claim for nonservice-connected pension benefits due to a lack of qualifying 'active service' under the law, as his recognized guerrilla and regular Philippine Army service does not meet this requirement.

The Board has determined that the veteran's basal cell carcinoma of the nose is related to his sun exposure during active service, and thus grants service connection for this condition.

The veteran withdrew his appeal regarding a compensable rating for impotency, stating he was satisfied with the current compensation.

The Board has determined that a squamous cell carcinoma at the base of the tongue is attributable to service, and grants the claim for service connection.

The Board found that the evidence submitted since April 1977 is not new and material, as it does not show a current right eye disability or one related to service. Therefore, the claim for service connection for chronic right eye injury residuals was denied.

The veteran's spouse, the appellant, requested an apportionment of his VA disability compensation benefits on behalf of their children. The Board found that the veteran was reasonably providing support for one child and denied the claim as no apportionment will be made where the veteran is providing for dependents.

The Board found that the veteran's bilateral elbow epicondylitis does not meet the criteria for a disability rating in excess of 10 percent, thus denying her claims.

The veteran's dysthymia has been evaluated as 30 percent disabling since June 19, 2000. The Board found that the evidence did not support a higher rating for any period.

The Board denied service connection for a urethral stricture and prostate condition, finding no evidence of current disability related to service. The claim to reopen the skin condition was also denied.

The veteran's left knee disability, including a lateral meniscus tear with medial meniscectomies, lateral retinacula release, resection of plica and realignment of the patella, is currently rated at 20 percent. The VA has granted this rating.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for the residuals of a right leg injury, as the evidence does not relate directly to the specific matter under consideration.

The veteran's request for waiver of overpayment of VA pension benefits was denied due to misrepresentation and bad faith in underreporting his income, resulting in a $7,416 debt. The case is being remanded for further development.

The veteran's claims for higher ratings for his right-sided dysequilibrium, right cranial nerve VII palsy with tarsorrhaphy, and right cranial nerve V palsy have been granted. The effective date is not specified.

The Board determined that the appellant's request for waiver of the $1,424.00 overpayment was timely filed and subsequently granted a waiver.

The Board found that the veteran's bilateral hallux valgus existed prior to his service and did not worsen during such service, thus denying service connection for a bilateral foot disability.

The Board found that the veteran's current systemic lupus erythematosus was not incurred during his period of active duty from July 1969 to April 1970 or within one year after separation. The Board also determined that it was not shown to have been incurred during a period of inactive duty training (ACDUTRA). As such, service connection for systemic lupus erythematosus could not be granted.

The veteran's transitional cell carcinoma of the bladder with radical cystoprostatectomy is not related to service, and therefore denied.