Other conditions decisions — 2003

The VA determined that the veteran's service-connected hiatal hernia with esophageal reflux, chronic diarrhea, and dumping syndrome do not render him unemployable due to his disabilities.

The veteran's claims for service connection were denied, and the issues of forgetfulness, chronic headaches, acne vulgaris and folliculitis, and a hiatal hernia, to include secondary to an undiagnosed illness; and for major depression, to include fatigue, light headedness and nervousness are dismissed.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as finding that his hip disorder and inguinal hernia were not incurred in or aggravated by service.

The Board denied service connection for bilateral defective hearing and an ear disorder, finding that the evidence did not support a link between these conditions and service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $4,536 due to bad faith on her part. The overpayment was found to be improperly created due to unreported income.

The Board has determined that the appellant is entitled to recognition as the veteran's surviving spouse based on continuous cohabitation from their marriage in December 1941 until the veteran's death in December 1999, despite a separation due to the veteran's desertion.

The veteran's chronic bilateral hip disorder and chronic left foot disorder are now service-connected. The right Muscle Group XII injury claim is pending.

The Board has determined that the veteran's service-connected residuals of dorsal stimulator implant site warrant a 40 percent evaluation, which is the maximum schedular rating under Diagnostic Code 5295 for severe lumbosacral strain.

The veteran's service-connected psychiatric disability meets the criteria for a 30 percent evaluation, but no more.

The Board has granted service connection for a disorder manifested by chronic chest pain, finding that the veteran's symptoms likely began during his period of service.

The Board has determined that the overpayment of VA compensation benefits was not properly created, and thus denied the veteran's claim.

The Board denied increased evaluations for chondromalacia patella of the right and left knees, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent.

The Board dismissed the appeal due to the veteran's death, and no service connection was granted.

The Board has granted a 30 percent rating for the veteran's service-connected residuals of a gunshot wound to Muscle Group XIII of the left thigh, effective from the date of this decision.

The Board has determined that the veteran does not have residuals of a thoracic spine injury related to service and denied his claim for service connection.

The Board found no objective medical evidence of chronic disability due to joint pain, and thus denied the veteran's claim for service connection.

The Board found that the appellant's impotence was not caused by his April 1981 prostate surgery and denied compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claim for service connection for the cause of his death, finding that no additional development was needed as all requested records have been obtained and considered.

The Board's decision was vacated and the appeal is dismissed due to the veteran's death.

The Board has granted a 10 percent evaluation for the veteran's right knee disability, including degenerative joint disease and instability. The issue of increased rating for left knee disability is pending.