Other conditions Board decisions

The Board denied the veteran's claims for an increased rating and TDIU due to his service-connected post-operative residuals of gastric resection for duodenal ulcer, finding that the evidence did not support a higher disability rating or entitlement to TDIU.

The Board has remanded the case due to uncertainty regarding whether the veteran's discharge was for a physical condition not characterized as a disability and did not result from her own willful misconduct, which interfered with performance of duty. The Board also needs more information on whether she served in the Selected Reserve and how long.

The Board found that the veteran's myositis of the left hip did not warrant an increased rating, as his range of motion was within normal limits and there was no evidence of weakened motion or incoordination. The functional impairment was minimal.

The veteran's Huntington's disease was rated at 50 percent from June 16, 1996 to February 10, 1998.,From February 10, 1998, the veteran's Huntington's disease was rated at 80 percent.

The VA determined that the veteran does not currently have disabling symptoms associated with his service-connected patent ductus arteriosus, and thus denied his claim for a compensable evaluation.

The Board finds that the veteran's son was permanently incapable of self-support by reason of physical disability at the age of 18 years, and thus is entitled to recognition as a helpless child for VA benefits purposes.

The Board found that the appellant and the veteran were divorced at the time of the veteran's death, thus she is not considered his surviving spouse for VA pension benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a gastrointestinal disorder, variously claimed as a hiatal hernia or an ulcer. The claim remains denied.

The Board has denied the veteran's claims for service connection for a testicular disorder, a right arm disorder, and diverticulosis. The evidence does not support a finding of a current disability or a link between any claimed disorders and service.

The Board has determined that the veteran's claims of service connection for a perforated right eardrum and defective hearing are well grounded. The RO is instructed to schedule the veteran for an examination, obtain relevant medical records, and then adjudicate the claims based on the evidence.

The veteran's claim for secondary service connection for a cardiovascular disorder is not well-grounded, and his increased rating for residuals of inactive pulmonary tuberculosis remains at 30 percent.

The Board denied the appellant's request for a waiver of recovery of an overpayment of educational assistance benefits, finding that his request was not timely filed.

The Board has determined that the veteran's gastrointestinal disease, including ulcer disease, was incurred during his active military service.

The Board denied an increased evaluation for a gunshot wound to the left thigh, finding that the veteran's symptoms did not meet the criteria for a moderately severe muscle injury.

The veteran's request for waiver of recovery of an overpayment of chapter 30 educational assistance benefits in the amount of $553.34 was denied because he was at fault in creating the overpayment and repayment would not result in undue financial hardship or defeat the purpose of the benefits.

The veteran's service-connected cardiovascular disability is rated at 60 percent, and he has been granted a total rating based on unemployability due to his disabilities.

The veteran's claim for a higher rating for her postoperative residuals of Morton's neuroma of the left foot with possible tarsal tunnel syndrome was denied by the RO. She is currently rated at 10 percent.

The Board denied the veteran's claim for service connection for basal cell carcinoma, including as a result of exposure to ionizing radiation, finding no evidence of exposure and concluding that the condition did not develop due to service.

The Board denied the appellant's claim for Dependency and Indemnity Compensation based on her status as a common law spouse of the veteran, finding that she could not be recognized as his surviving spouse due to the prior legal marriage between the veteran and the appellee.

The Board has determined that the veteran acquired additional disability, namely neurogenic-type pain, as a result of nasal surgery performed by a VA medical facility in October 1992. The claim for compensation under 38 U.S.C.A. § 1151 is therefore granted.