Other conditions decisions — 2003

The Board denied an increased evaluation for the veteran's service-connected fracture of the right calcaneus, finding that the disability picture more closely approximates moderately severe impairment, which allows a rating of 20 percent.

The Board of Veterans' Appeals has determined that the appellant is not entitled to special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound, as she does not meet the criteria set forth in the regulations.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service, finding that he did not have valid military service as per U.S. regulations.

The veteran's death was caused by a presumptively service-connected respiratory cancer, which is associated with exposure to herbicide agents in Vietnam. The Board granted the claim for service connection for the cause of the veteran's death.

The Board has determined that the appellant is entitled to an effective date of December 1, 2000 for the award of non-service-connected death pension benefits, with payment commencing on January 1, 2001.

The Board has determined that the veteran's coronary artery disease, which was service-connected, caused his death from an acute myocardial infarction.

The veteran's failure to report his divorce in 1997 resulted in an overpayment of compensation benefits, and the Board found that this constituted bad faith. The VA denied the request for waiver of recovery.

The Board found that the appellant's daughter, who was diagnosed with mental retardation and limited in her ability to independently manage her own affairs or maintain employment, met the criteria for being a helpless child of the veteran.

The veteran's appeal is remanded due to the need for a hearing before a current member of the Board.

The Board found that the overpayment of VA compensation benefits in the amount of $766.33 was properly created due to the veteran's continued acceptance of his full benefits despite being aware he should not have received them, and denied a waiver of recovery.

The Board found that the veteran's current lung disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318, finding that there was no evidence linking the veteran's cardiovascular disease to his military service.

The Board denied the claim for service connection for the cause of the veteran's death, finding that bronchiectasis did not result from active service and was unrelated to any incident during service.

The Board has granted a 10% evaluation for the service-connected residuals of right thumb injury, finding that the veteran's functional impairment due to weakness and decreased grip strength is equivalent to favorable ankylosis of the thumb.

The Board found that the appellant's residuals of left brachial artery repair do not meet the criteria for a higher initial disability rating, as they include only mild symptoms such as a well-healed surgical scar and slight diminished peripheral pulses.

The veteran's service connection claim for residuals of a gunshot wound to the left hand is granted as his current condition can be linked to an in-service injury.

The Board denied the veteran's claim for an increased evaluation for his service-connected residuals of a cholecystectomy, finding no severe symptoms attributable to the surgery.

The Board denied the veteran's claims of defective hearing and a left ear disability, finding no evidence to support service connection for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for an eye disability with decreased vision, which was previously denied in April 1990. The veteran's claim is now considered on its merits.

The Board denied the veteran's claim for service connection for residuals of a left fifth finger fracture, finding that there was no evidence of such a condition during or after service.