Other conditions decisions — 2003

The Board of Veterans' Appeals has determined that the veteran's request for waiver of recovery of a pension overpayment, originally in the amount of $8,658.00, was timely filed.

The case is being remanded for further examination and medical opinion regarding the veteran's bilateral foot disorder, including the residuals of a dislocation of the right subtalar joint. The examiner should determine if it is at least as likely as not that the veteran's current foot pathology is related to or aggravated by either his service-connected knee disabilities.

The Board found that the appellant is not bedridden, housebound, or in need of regular aid and attendance. Therefore, she does not meet the criteria for special monthly pension based on the need for regular aid and attendance or at the housebound rate as a surviving spouse.

The Board found that the veteran was in an unauthorized absence status at the time of the March 25, 1977 motor vehicle accident and thus his injuries were not incurred in the line of duty.

The Board denied an increased rating for the veteran's service-connected left eye injury, finding that he is not blind in his right eye and thus does not meet the criteria for a higher rating.

The veteran's right arm functional impairment does not meet or approximate limitation of motion to 25 degrees from the side, and his range of motion is in excess of midway between the side and shoulder level, even considering pain on motion. As a result, the veteran's claim for a rating in excess of 30 percent for residuals of a dislocation of the right acromioclavicular joint was denied.

The Board denied an increased rating for atrophy of the right testicle, finding that the current noncompensable evaluation is appropriate given the veteran's symptoms and lack of functional limitation or employment interference.

The veteran's claim for service connection for a lung disorder was granted, and the issue of an increased evaluation for his generalized anxiety disorder is dismissed as no appeal has been filed.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran was not valid due to a legal impediment and she did not hold herself out as his wife.

The Board denied the veteran's claim for service connection for a right ear concussion, finding no evidence of such an injury in service or post-service.

The Board has reopened the claim of service connection for bilateral congenital proximal radial ulnar ankylosis due to new and material evidence submitted since the April 1970 rating decision. The appeal is granted in this regard.

The Board has determined that the overpayment was not created through fraud, misrepresentation of a material fact, or bad faith on the part of the appellant. As such, waiver is granted.

The Board has denied the veteran's claim for service connection for a cardiovascular disability, as it is not related to his active military service or nicotine dependence.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another, or at the housebound rate was denied as he does not meet the criteria for either benefit.

The veteran's service-connected somatoform pain disorder of the feet is rated at 30 percent, reflecting moderate impairment due to foot pain and associated anxiety/depression.

The Board denied the veteran's claim for service connection for organic brain syndrome with dementia of the Alzheimer's type, finding that there was no evidence linking his current disability to his military service or any service-connected conditions.

The Board denied the veteran's claims for service connection for right Dupuytren's contracture and his request for an annual clothing allowance, finding that there was no evidence linking the condition to service.

The Board denied the appellant's claim for basic eligibility for VA death benefits, finding that her deceased spouse had no recognized service with the United States Armed Forces.

The Board dismissed the appeal because the claimant did not timely file a substantive appeal following the March 27, 2000, notification by the RO of the decision not to reopen an eligibility claim for VA disability benefits.

The Board dismissed the appeal due to the appellant's withdrawal of the claim.