Other conditions decisions — 2003

The Board found that the veteran's overpayment debt was properly created due to his failure to report Social Security income, which he received from October 1998 onwards. The decision denied the appeal challenging the validity of the creation of the pension overpayment debt.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of valid military service.

The Board of Veterans' Appeals denied the veteran's claim for service connection for refractive error, finding that there was no evidence of a current disability and concluding that the preponderance of the evidence is against the claim.

The Board found that the cause of death, carcinoma of the lung, was not incurred in or aggravated by service. The claim for Dependents' Educational Assistance under Chapter 35 also lacked legal entitlement.

The Board has denied the veteran's claims for service connection for residuals of mononucleosis and a sinus disorder.

The Board has determined that the veteran's current numbness in the left arm is related to an injury sustained during service, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for residuals of a left foot injury, finding that there was no evidence linking his current left foot disorders to his active military service.

The veteran's claim for service connection of a disorder of the spine is being remanded due to his failure to appear at a scheduled hearing. The case will be rescheduled and a new hearing date will be provided.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his service-connected conditions.

The Board denied the veteran's claim for service connection for leukemia, which he claimed as a residual of exposure to Agent Orange. The evidence did not support a finding that his leukemia was incurred in or aggravated by active service, including any exposure to herbicides.

The Board denied the veteran's claim for a schedular rating in excess of 30 percent for residuals of shell fragment wounds of the right calf, as this is the maximum rating provided under Diagnostic Code 5311 and because the currently assigned combined rating of 40 percent for disabilities of the veteran's right lower leg is the rating provided for amputation at that level.

The Board found that the veteran's service-connected postgastrectomy syndromes do not warrant an evaluation in excess of 60 percent, and his claim for TDIU benefits was also denied.

The appellant is not recognized as the veteran's surviving spouse for receiving death pension benefits due to her marriage occurring less than one year before the veteran's death and lack of a valid common-law marriage.

The Board finds that there is no evidence of a March 1974 VA treatment and no competent evidence linking the veteran's current skin disability to exposure to x-rays. Therefore, the claim for benefits under 38 U.S.C.A. § 1151 is denied.

The Board denied an evaluation in excess of 10 percent for the veteran's service-connected right foot navicular fracture, finding that the disability is no more than 10 percent disabling.

The Board has granted a 10 percent rating for the veteran's service-connected right thumb disability, which is manifested by functional loss due to flare-ups, fatigability, and pain. This rating equates to limitation of motion between one and two inches.

The Board found no evidence of a chronic skin condition during service and concluded that the current skin condition began many years after service and was not caused by any incident of service. Therefore, it denied the claim for service connection.

The Board has granted a 10 percent rating for the veteran's service-connected shell fragment wound of the dorsal aspect of the right foot, finding that it warrants such a rating based on tenderness over the scar site.

The veteran's request for an extension of his delimiting date for Chapter 32 educational benefits was denied because he did not provide evidence that a physical or mental disability prevented him from pursuing education prior to the delimiting date.

The Board denied the veteran's claims for an increased rating for his service-connected paroxysmal supraventricular tachycardia and a total disability rating based on individual unemployability due to service-connected disabilities.