Other conditions decisions — 2003

The veteran's claim for an increased evaluation for service-connected residuals of a thoracic spine injury was denied by the RO. The issue of entitlement to service connection for a lumbar spine disability is also pending.

The Board has granted a temporary total rating for convalescence following surgery, effective from September 17, 1997 to March 31, 1998.

The Board has determined that the veteran's claimed conditions of fibrous dysplasia of the mastoid and zygomatic region and herniated nucleus pulposus were not incurred in or aggravated by active service, thus denying both claims.

The veteran's death was due to nonservice-connected causes, and the appellant is entitled to VA burial benefits in accordance with the provisions of 38 U.S.C.A. § 2305.

The Board determined that the appellant and the veteran were not married at the time of the veteran's death, thus denying her claim for recognition as his surviving spouse for VA benefits.

The Board has granted the appellant's claim for DIC under 38 U.S.C.A. § 1318, effective October 1, 1978.

The Board has determined that the veteran's death was caused by his service-connected emphysema, and he is eligible for DEA benefits. Accrued benefits have been awarded for his service-connected bullous chronic obstructive pulmonary disease.

The Board has determined that the appellant is entitled to $655.40 of the burial benefits, his sister is entitled to $23.66, and his brother is entitled to $45.94.

The Board denied the veteran's claims for increased ratings for his duodenal ulcer, left clavicle fracture, and right metacarpal fracture. The TDIU claim was also denied.

The VA denied an increased rating for the veteran's service-connected left chest wound disability, currently rated at 20 percent.

The Board denied the veteran's claims for service connection for hemorrhagic gastritis and an increased evaluation for a duodenal ulcer, finding that there was no evidence of a nexus between his current conditions and his military service.

The Board has granted a 50 percent rating for the veteran's service-connected thoracic spine injury, effective from the day following his separation from service in February 1992.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral knee disabilities, finding that they do not meet the criteria for a rating in excess of 20 percent.

The Board denied the veteran's application to reopen his claim of service connection for gastrointestinal disability, finding that no new and material evidence had been submitted.

The Board denied a compensable evaluation for the veteran's service-connected laceration of the left side of his scalp, finding that the scar did not meet the criteria for any higher rating under either the old or new VA rating schedules.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for obtaining service medical records and personnel records, as well as a psychiatric examination for dyslexia.

The veteran's claim for service connection for a liver disorder has been dismissed due to the death of the veteran during the appeal process.

The RO denied service connection for the cause of the veteran's death. The case is being remanded to schedule a Travel Board hearing.

The appellant's overpayment of pension benefits from February through December 1997 is denied as there is no indication of fraud, misrepresentation, or bad faith on his part.

The Board has determined that the veteran's left varicocele, manifested by scrotal pain or tenderness, warrants a 10 percent rating under Diagnostic Code 7120 (varicose veins). The condition is not service-connected and no other conditions are considered in determining the appropriate rating.