Other conditions Board decisions

The Board denied an evaluation in excess of 70 percent for bilateral defective vision and denied entitlement to special monthly compensation based on the need for aid and attendance. The veteran's service-connected bilateral eye disorder is rated at 70 percent under Diagnostic Code 6069, effective from June 22, 1990.

The Board has determined that the veteran's Charcot-Marie-Tooth disease pre-existed service and was not aggravated by active duty. Therefore, the claim for service connection is denied.

The Board has denied the veteran's claim for service connection for a neck disorder, finding that his current condition is not related to his military service.

The Board denied the appellant's claim for VA benefits due to her spouse not having recognized military service with the United States Armed Forces, as certified by the National Personnel Records Center.

The veteran's death was not due to VA hospital care, medical or surgical treatment. The cause of death was urosepsis, which is not attributed to the VA.

The veteran did not have a claim for unreimbursed unusual medical expenses for the year 2000 pending at the time of his death, and therefore, the appellant cannot seek accrued benefits based on such a claim.

The veteran's previously assigned 20 percent disability rating for post-operative small bowel resection with history of short bowel syndrome with malabsorption and anemia is restored, effective November 1, 2001.

The Board has determined that the veteran's memory loss and dizziness and/or lightheadedness are related to his head injury in service, with aggravation due to a motor vehicle accident during service.

The Board of Veterans' Appeals has determined that the veteran's request for waiver of recovery of a pension overpayment, originally in the amount of $8,658.00, was timely filed.

The case is being remanded for further examination and medical opinion regarding the veteran's bilateral foot disorder, including the residuals of a dislocation of the right subtalar joint. The examiner should determine if it is at least as likely as not that the veteran's current foot pathology is related to or aggravated by either his service-connected knee disabilities.

The Board found that the appellant is not bedridden, housebound, or in need of regular aid and attendance. Therefore, she does not meet the criteria for special monthly pension based on the need for regular aid and attendance or at the housebound rate as a surviving spouse.

The Board found that the veteran was in an unauthorized absence status at the time of the March 25, 1977 motor vehicle accident and thus his injuries were not incurred in the line of duty.

The Board denied an increased rating for the veteran's service-connected left eye injury, finding that he is not blind in his right eye and thus does not meet the criteria for a higher rating.

The veteran's right arm functional impairment does not meet or approximate limitation of motion to 25 degrees from the side, and his range of motion is in excess of midway between the side and shoulder level, even considering pain on motion. As a result, the veteran's claim for a rating in excess of 30 percent for residuals of a dislocation of the right acromioclavicular joint was denied.

The Board denied an increased rating for atrophy of the right testicle, finding that the current noncompensable evaluation is appropriate given the veteran's symptoms and lack of functional limitation or employment interference.

The veteran's claim for service connection for a lung disorder was granted, and the issue of an increased evaluation for his generalized anxiety disorder is dismissed as no appeal has been filed.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran was not valid due to a legal impediment and she did not hold herself out as his wife.

The Board denied the veteran's claim for service connection for a right ear concussion, finding no evidence of such an injury in service or post-service.

The Board has reopened the claim of service connection for bilateral congenital proximal radial ulnar ankylosis due to new and material evidence submitted since the April 1970 rating decision. The appeal is granted in this regard.

The Board has determined that the overpayment was not created through fraud, misrepresentation of a material fact, or bad faith on the part of the appellant. As such, waiver is granted.