Other conditions Board decisions

The appellant is not recognized as the surviving spouse of the veteran for purposes of death pension benefits.

The veteran's claim for an increased evaluation for his service-connected right eye disorder, which includes chorioretinitis and loss of field of vision, is being remanded due to inadequate examination reports. The VA will need to provide a thorough medical examination to determine the extent of the veteran's visual field defects and diplopia.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for purposes of VA benefits due to a valid marriage between the appellee and the veteran, which served as a legal impediment to the appellant's subsequent attempt at marriage.

The Board denied the appellant's claim for nonservice-connected pension and special monthly pension, for accrued benefits purposes due to a failure to file within one year of her father's death.

The Board denied the appellant's claim for basic eligibility for Survivors' and Dependents' Educational Assistance (DEA) program under Chapter 35, Title 38, United States Code due to her not meeting the eligibility requirements based on her date of birth.

The Board has determined that the veteran does not have a current disability characterized by chest pain for which service connection may be awarded.

The Board has granted increased disability evaluations of 40 percent from May 20, 1994 to August 19, 1995 for residuals of cold injury of the right foot and from February 1, 1995 to April 29, 1997 for residuals of cold injury of the left foot based on loss of use of the feet.

The VA denied the veteran's claims for increased evaluations for her callosities of the metatarsophalangeal area with arthralgia, assigning a noncompensable rating initially and later increasing it to 10 percent effective from August 1995.

The Board has granted a waiver of recovery for the overpayment of VA compensation benefits, finding that it would not be against equity and good conscience to waive the debt.

The Board denied the veteran's claim for service connection for residuals of dental trauma involving all of his teeth, other than teeth numbered 8, 9, and 19, finding that there was no evidence of such trauma.

The Board has determined that the veteran's spondylolisthesis at L5-S1 is service-connected, with no indication of any other conditions or exposures.

The VA determined that the veteran's postoperative right femoral hernia does not meet the criteria for a higher evaluation, as there is no evidence of recurrence or significant impairment.

The Board has granted the appellant's claim for service connection for bilateral breast cancer, finding that it is presumed to have been incurred during his Persian Gulf War service.

The Board granted a 10 percent disability rating for the appellant's service-connected arthritis, right hip. The appeal was not about service connection but rather an initial rating.

The Board found that the veteran's sterility was not incurred in or aggravated by active military service, nor is it proximately due to or the result of a service-connected disability.

The Board found that the veteran's impotence due to low testosterone levels did not meet the criteria for a compensable evaluation.

The veteran's right hip disability was evaluated at 10 percent from October 7, 1996 to June 10, 2001 and denied any increase in rating. From August 1, 2002 onwards, the evaluation remained at 30 percent.

The veteran's spouse is not entitled to additional compensation for need for aid and attendance or by reason of being housebound as there was no claim filed prior to the veteran's death.

The Board denied the claim of service connection for the cause of the veteran's death due to bronchogenic carcinoma, finding that it was not incurred or aggravated by military service and was not manifest within one year of his discharge. The Board also noted that a service-connected disability did not cause or contribute materially to cause the veteran's death.

The Board denied service connection for the cause of the veteran's death due to a lack of competent medical evidence linking his cancer to his military service.