Other conditions decisions — 2004

The veteran's left knee disability was rated at 20% effective January 2003, following a previous rating of 10%. The condition is characterized by full range of motion with occasional episodes of locking.

The veteran is seeking an earlier effective date for the award of a total disability rating based on individual unemployability. The case has been remanded due to incomplete records related to his Social Security Disability claim.

The Board denied the veteran's claim for an initial disability rating in excess of 10 percent for post traumatic arthritis of the left great toe, as his condition is manifested by hallux rigidus and painful motion.

The veteran's impaired vision, which was previously rated at 40 percent disabling, is now rated at 50 percent effective from June 30, 1999.

The Board denied service connection for joint pain of the right hand, finding that it was not due to an undiagnosed illness and also denying direct service connection.

The veteran's initial claims for higher ratings for degenerative joint disease of both ankles were granted by the VA. The RO assigned noncompensable (10%) ratings effective from August 31, 2000, and later increased these to 10 percent in November 2002.

The Board of Veterans' Appeals (BVA) has determined that the appellant cannot be recognized as the surviving spouse of the veteran for VA death pension benefits because they were legally divorced at the time of the veteran's death. The BVA found no evidence to support the claim of legal separation and noted that the veteran's death certificate, medical records, and petition to change name all indicated a divorce.

The Board denied the veteran's claims for service connection for a disability manifested by pain and swelling in the left shin, as well as for frequent urination secondary to his service-connected lumbosacral strain. The Board found that there was no current diagnosis of these conditions and that any existing conditions were not related to service or service-connected disabilities.

The Board found that the veteran's presumed ocular histoplasmosis syndrome was not incurred or aggravated during active military service.

The veteran's claim for service connection for a respiratory disability is being remanded due to the need for additional medical examination and development of evidence.

The Board has ordered further development due to the veteran's claim of a skin disorder, including obtaining missing medical records and determining if new evidence is sufficient to reopen the previously denied claim.

The Board denied the appellant's claim of basic eligibility for VA death benefits, finding that her deceased husband did not have qualifying service as a veteran.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence showing a service-connected disability caused or contributed to his death.

The Board denied the appellant's claim of basic eligibility for VA death benefits because her husband did not have qualifying service as a veteran, based on certifications from the National Personnel Records Center (NPRC) that he had no valid military service in the Armed Forces of the United States.

The Board denied the veteran's claim for an increased rating for his service-connected left hip injury, finding that it did not meet the criteria for a higher disability rating based on the current evidence of record.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination to assess the veteran's right flank wound. The claim of service connection for status post right nephrectomy is also being addressed.

The Board has determined that the appellant's other-than-honorable discharge from service constitutes a bar to VA benefits.

The Board found that the veteran did not exhibit bad faith in creating the overpayment of pension benefits, and therefore waived recovery of the $2,204 overpayment. The case is now remanded to consider whether recovery would be against equity and good conscience.

The Board denied the appellant's claim for Chapter 35 educational benefits as she was over the age of 26 and did not meet the eligibility criteria based on her father's death or permanent total service-connected disability.

The Board has remanded the case for further development, including verification of dates and circumstances of observation by a fellow service member at Camp O'Donnell. The veteran's cause of death is being considered based on new evidence.