Other conditions Board decisions

The Board has determined that the veteran does not have degenerative joint disease of the hands and denied service connection for bilateral finger and thumb pain as it is not related to active duty.

The veteran's appeal is being remanded due to the need for additional development and notification under the Veterans Benefits Improvements Act of 1994.

The Board has granted the appellant's claim for an earlier effective date of February 14, 1994 for death pension benefits based on her attendance at school.

The Board found that the overpayment of improved death pension benefits was properly created due to the appellant's failure to notify VA promptly about her receipt of income from DSHS under the COPES program. The issue of waiver of recovery will be addressed in a separate remand.

The Board denied the veteran's claim for an increased rating for his service-connected fracture of the left zygoma and orbital floor, currently rated at 10 percent. The evidence did not support a higher rating as the symptoms were primarily episodic sharp pain and numbness in the second division of the left cranial nerve.

The Board denied the veteran's claim for service connection for a GI disability, finding that new and material evidence had not been presented to reopen the claim. The RO has since added additional medical records to the claims file.

The Board has determined that the veteran's cardiovascular disorder, including endocarditis, thoracic aortic aneurysm, and CAD, was first manifested during military service. The Board finds it at least as likely as not that his current cardiovascular disability had its onset in service.

The Board is remanding the case for additional development and due process, including asking the veteran to provide evidence regarding events during his service.

The Board has reopened the claims of service connection for the cause of the veteran's death and entitlement to Dependents' Educational Assistance under 38 U.S.C. Chapter 35, finding new and material evidence in support of these claims.

The Board denied the veteran's claim of service connection for a brain tumor as secondary to nasal radium treatment for his service-connected sinusitis.

The May 1982 rating decision denying service connection for organic brain syndrome was upheld as supported by the evidence and correctly applied the applicable legal criteria.

The Board has determined that the veteran's Dupuytren's contracture of the left hand is not related to his service and denied the claim for service connection.

The Board has ordered further development due to the need for additional service medical records. The case will be returned to the RO for this purpose and then reviewed again.

The Board has determined that the appellant is entitled to a waiver of her overpayment of VA death pension benefits, as recovery would not be against equity and good conscience.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for a pulmonary examination and other necessary actions.

The Board found that the appellant was not legally married to the veteran at the time of his death, and thus did not meet the legal requirements for recognition as a surviving spouse for VA death benefits.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his lung disease to service or the immediate cause of death.

The Board has determined that the veteran's disability manifested by blackouts and abnormal blood pressure are proximately due to or the result of his service-connected dysthymia with PTSD, warranting secondary service connection.

The Board denied an increased disability evaluation for service-connected anatomical loss of the right eye, currently rated at 40 percent.

The veteran's waiver request for an overpayment of $3,486 was denied because his failure to notify VA of his divorce until five years after the event constituted bad faith.