Other conditions decisions — 2003

The Board denied the veteran's claim for VA improved pension benefits due to his excessive income, which exceeded the maximum annual rate of $12,993 for a veteran with two dependents.

The Board denied the veteran's claim for service connection for dizziness, loss of balance, forgetfulness, nervousness, irritability, shortness of breath, and pains all over the body as a result of exposure to herbicides due to the lack of competent evidence of a current disability.

The Board has determined that the veteran's service-connected bilateral pterygium removal and corneal irregularity warrants a 10% disability evaluation prior to July 12, 1999; a 20% disability evaluation from July 12, 1999 to June 11, 2000; and a 30% disability evaluation beginning on June 12, 2000.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of entitlement to service connection for additional gastrointestinal disability and residuals of a concussion. The veteran is now entitled to these benefits.

The Board denied the veteran's claim for service connection for defective hearing, finding no evidence of a current disability that meets VA criteria.

The Board denied the veteran's claim for service connection for a leg disorder, finding no evidence of a current disability related to service.

The Board has determined that the veteran's current cardiovascular and peripheral vascular disorders are not related to his service, and thus denied his claim for service connection.

The veteran's decreased visual acuity, diagnosed as presbyopia, was not incurred in service and is a refractive error of the eye not subject to service connection.

The Board has granted a 30 percent rating for the service-connected residuals of a shell fragment wound to the right thigh, which more nearly approximates moderately severe muscle disability.

The Board denied the veteran's claims for service connection for squamous cell carcinoma and actinic keratosis as secondary to his service-connected dermatitis.

The VA has determined that the veteran's service-connected psychoneurosis, hypochondriasis does not warrant a rating higher than 10 percent.

The Board denied an increased (compensable) disability evaluation for the veteran's left inguinal hernia, finding that there was no evidence of recurrent or symptomatic hernia requiring a truss or belt.

The Board denied the veteran's claim for service connection for diverticulosis, finding that it did not begin during or as a result of his military service.

The Board has determined that the veteran's thrombophlebitis of the left lower extremity does not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board found no evidence of a chronic genitourinary disorder during service or within one year post-service, and there is no indication that the current urinary incontinence is related to service.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for purposes of receiving VA death benefits.

The Board held that consideration of waiver of recovery is not precluded by bad faith, but remanded for further development due to the appellant's language barrier and VA's failure to promptly notify her of her entitlement to SBP benefits.

The appellant's claim for nonservice-connected death pension benefits was denied as her income exceeded the statutory level for the annualized period in which she received the income.

The Board has restored the veteran's prior 10% disability rating for his service-connected left groin strain as there is no evidence of improvement in his condition and his subjective complaints have remained unchanged.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence was not presented.,The Board also determined that the appellant does not have basic eligibility for entitlement to death pension due to her spouse's only service being recognized Philippine guerrilla service.