Other conditions Board decisions

The Board has determined that the veteran's death was caused by his service-connected cardiovascular disabilities, including myocardial infarction and stroke. As a former POW, these conditions are presumed to be related to his military service.

The veteran's claim for an effective date prior to September 18, 2000 for the grant of TDIU is being remanded due to a need for additional evidence from Social Security Administration.

The Board has determined that there is no indication of bad faith on the part of the veteran in creating the overpayment, thus allowing for a waiver of recovery of the $9,543.00 overpayment.

The Board granted service connection for the residuals of a mammoplasty and assigned an initial 10 percent rating. The veteran is also entitled to increased ratings for migraine headaches, adjustment disorder prior to September 17, 2002, and status post right fifth toe surgery.

The veteran is seeking service connection for polycythemia vera and gastrointestinal disability, both claimed to be due to exposure to ionizing radiation. The case has been remanded for further development regarding the validity of his claims.

The VA denied the veteran's claim for a disability rating in excess of 10 percent for adhesions of the peritoneum, finding that the evidence did not support such an increase based on his current symptoms and failure to attend scheduled examinations.

The Board denied a higher disability rating for the veteran's shell fragment wound of the neck with retained metallic fragment, finding that the evidence did not meet the criteria for a higher rating.

The veteran's appeal is being remanded for a VA examination to determine the current nature and severity of his alleged chronic bilateral ear lavage-related injuries. The benefits sought on appeal will be readjudicated after this examination.

The Board found that there is no evidence of a current low back disability or right leg disability, and the veteran's reported in-service injuries are not supported by service medical records. The VA examinations did not show any connection between his current disabilities and his military service.

The Board denied a compensable evaluation for post-operative residuals of a deviated nasal septum, finding that the veteran's airways were reasonably clear and did not meet the criteria for a 10% rating under Diagnostic Code 6502.

The Board found that the veteran's residuals of a gun shot wound to the right forearm do not warrant an increased rating beyond 10 percent, as there is no evidence of nonunion or malunion of the ulna. The current disability does not meet the criteria for higher ratings under other relevant diagnostic codes.

The Board denied the appellant's claim for death benefits as the surviving spouse of the veteran due to a legally valid divorce between the veteran and the appellant in Florida.

The Board has decided to remand the case for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The RO determined that the evidence did not show that the appellant's marriage to the veteran met the requirements for basic eligibility, and denied her claim of recognition as a surviving spouse.

The Board found that the veteran's current right hand disability is not related to his service, specifically the 1966 stab wound to his forearm. The preponderance of evidence does not support a finding that the current condition is linked to service.

The Board has determined that the veteran's chronic costochondritis was incurred in service and granted service connection for this condition.

The Board denied the veteran's request for an extension of her delimiting date for Chapter 30 educational assistance benefits, finding that there was no legal authority to extend the delimiting period due to reasons other than medical infeasibility.

The Board found that the veteran's respiratory and cardiovascular disabilities were not incurred in or aggravated by his active duty service. The VA records do not show any asbestos exposure during service, nor does there appear to be a link between the current disabilities and service.

The Board found that the veteran's bilateral eye disability did not worsen as a result of VA surgical treatment in April and May 1990, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The RO denied an increased disability rating for varicose veins in the left leg, currently rated at zero percent. The case is being remanded to obtain additional medical evidence and re-adjudicated.