Other conditions decisions — 2008

The Board denied the veteran's claims for increased ratings for his left knee disabilities and determined that new and material evidence had not been submitted to reopen a claim of entitlement to service connection for a right knee disorder.

The veteran did not have any service-connected disabilities that would qualify for death pension benefits, and therefore the claim is denied.

The Board has determined that the veteran's death was not caused by his military service or any of his service-connected disabilities.

The Board denied the veteran's request to reopen his previously denied claim of service connection for a bilateral foot disorder, finding that the new evidence did not meet the criteria for being considered 'new and material.'

The Board has remanded the case to obtain a medical opinion regarding whether the veteran's service-connected rheumatic fever contributed to his death. The appellant is seeking service connection for the cause of her husband's death, which was caused by cardiopulmonary arrest.

The Board has granted service connection for glaucoma and athlete's foot, finding that the veteran's current conditions are related to his active service.

The veteran's claim for service connection for tendonitis of the feet has been reopened, but his request for a compensable disability rating for left otitis media with hearing loss disability and reopening of a TTR due to a previous surgery have both been denied.

The Board denied service connection for left hemiparesis with amyotrophia in December 1970, and the veteran's claim has not been reopened due to lack of new and material evidence.

The Board found no evidence of a left toe disability incurred or aggravated in service, and thus denied the veteran's claim for service connection.

The Board denied the appellant's request for an earlier effective date of September 28, 2000 for a 10% disability rating for residuals of a right foot 3rd metatarsal fracture.

The Board denied service connection for a gastrointestinal disability (ulcers) as the veteran did not have such disability during or within one year after his active duty service.,The right knee and right hip claims were both denied by final rating decisions in June 1998. The RO has since reopened these claims based on new evidence, but the Board found that this evidence is insufficient to reopen the claims.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a scaphoid fracture of the right thumb, finding that his current compensable rating adequately reflects his symptoms.

The veteran's appeal has been withdrawn, effectively dismissing the case.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for cause of death.

The Board has determined that the appellant does not meet the requirements for being considered a surviving spouse under VA regulations, and thus her claim for service connection for the cause of the veteran's death is denied. The case is remanded to allow further development regarding whether she had a 'deemed valid' common law marriage with the veteran.

The veteran's appeal for a compensable rating for the postoperative residuals of a left inguinal hernia is dismissed because he is not seeking this issue.

The Board found that the appellant adopted D. in May 2004, more than two years after the veteran's death, and thus did not meet the legal requirement for recognition as the adoptive child of the veteran for VA benefits purposes. The overpayment of $1,446 was properly created.

The Board has determined that the veteran's service-connected disability does not meet the criteria for special monthly compensation based on loss of use of the left hand.

The Board has denied the veteran's request for a waiver of recovery of an overpayment of disability compensation benefits in the amount of $6,786.33 due to his failure to report changes in address and reentry into active duty.

The veteran's service-connected right and left foot disabilities are currently rated at 10 percent each, but the evidence does not support a higher rating.