Other conditions decisions — 2003

The veteran's appeal was withdrawn prior to the Board making a decision.

The Board dismissed the appeal due to the veteran's death, and thus had no jurisdiction to adjudicate the merits of the claim.

The appellant withdrew her substantive appeal, resulting in the dismissal of the case.

The Board denied the veteran's claim for an increased initial rating of his service-connected right fifth metacarpal fracture, finding that there were no current residuals and thus no basis for a higher rating.

The veteran's service-connected conjunctivorhinostomy, left eye, is manifested by tearing of the left eye. The Board finds that this does not meet the criteria for an increased disability rating.

The claim for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code prior to January 18, 1999 is being remanded due to the need for additional development.

The Board has determined that additional development is needed to evaluate the veteran's service-connected gastrointestinal resection with adhesions and abdominal wall muscle injury, as the current examination reports do not include specific clinical findings necessary for rating purposes.

The Board denied the veteran's petition to reopen his claim for service connection for bilateral otitis media with perforated eardrums, finding that no new and material evidence had been submitted.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for examination and review.

The veteran's claims for increased ratings were denied. The RO found that the evidence was in approximate balance, indicating severe impairment of Muscle Group VIII due to shrapnel wounds but without ankylosis of the wrist.

The Board denied the veteran's claims for increased ratings for his retropatellar pain syndrome of both knees, finding that the evidence did not support a rating in excess of 10 percent.

The Board denied an increased evaluation for the veteran's torn medial meniscus and chondromalacia of the left knee, but granted a separate 10 percent evaluation for limitation of motion with painful motion. The claim to reopen service connection for a sinus disorder was also denied.

The veteran's postoperative residuals of septoplasty and rhinoplasty are currently rated at 10 percent disabling, but the Board finds that this rating is appropriate based on the evidence provided.

The veteran's claim for service connection for a left elbow and hand disability is being remanded due to the need for additional development, including obtaining missing service medical records and personnel records.

The Board found that the overpayment of $14,140 in pension benefits was valid and denied the veteran's appeal.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's appeal because his requests for waiver of overpayment were not timely filed within 180 days after notification letters were sent.

The appellant is not entitled to recognition as the surviving spouse of the veteran for purposes of VA dependency and indemnity compensation.

The Board found that the veteran does not meet the basic eligibility requirements for VA nonservice-connected death pension benefits due to his service in the Philippine forces under a military order of the President dated July 26, 1941. The claim is denied as there is no factual basis for accrued benefits since the veteran did not file any claims during his lifetime. Service connection for cause of death was also denied because there was no evidence linking the stomach ulcer to service.

The Board denied the claim for an initial noncompensable evaluation for a heart murmur, finding that the evidence did not support a higher rating.