Other conditions Board decisions

The veteran is seeking compensation for an incisional hernia that developed after VA hospital treatment in July 1992. The case has been remanded to determine if the umbilical hernia was a necessary consequence of the treatment provided by VA.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the veteran for VA death benefit purposes, resolving all reasonable doubt in her favor.

The Board has remanded the case to obtain additional records and conduct a VA examination to determine if the veteran's current eye disability is related to his service.

The Board has granted a 20 percent evaluation for TMJ syndrome, effective from October 31, 2003. The veteran's claim was previously rated at 10 percent prior to this date.

The Board has determined that the veteran's left wrist disability, characterized by a fracture of the navicular bone with nonunion and osteoarthritic changes in the radial carpal articulation, does not warrant a higher rating than the current 10 percent evaluation.

The Board has determined that the veteran's squamous cell carcinoma is not related to his service and therefore denied his claim for service connection.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for VA benefit purposes due to a valid divorce decree from Hancock County, Ohio.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the left knee does not meet or approximate the criteria for a higher initial rating in excess of 10 percent.

The VA determined that the veteran's current chronic cervical or thoracic strain is not related to his service injury, and thus denied his claim for service connection.

The veteran's claim for nonservice-connected pension benefits was granted effective from November 12, 1998. The Board found that the RO received a valid claim on this date and resolved all reasonable doubt in favor of the veteran.

The VA denied both the claim for an increased rating and the claim for TDIU due to the veteran's service-connected residuals of a gunshot wound to the abdomen. The RO found that these conditions do not warrant a higher than 10 percent evaluation, as they are currently classified as moderate in severity.

The veteran's claims for increased ratings and service connection were denied. The right medial meniscal tear was rated at 10 percent, while the fracture of the toes with arthritis received a noncompensable rating.

The Board has reopened the veteran's claim for service connection for varicose veins of the lower extremities due to new and material evidence submitted since the last final denial. The case is remanded for further development, including a VA medical examination.

The veteran's chronic infrapatellar tendonitis of the right knee results in minimal degenerative changes, but does not result in moderate sublaxation or lateral instability; frequent episodes of locking, pain, or effusion into the joint; limitation of flexion of the leg to 30 degrees or less; limitation of extension of the leg to 15 degrees or less; or degenerative arthritis of two or more major joint groups or two or more minor joint groups with incapacitating episodes. The criteria for entitlement to a rating in excess of 10 percent have not been met.

The Board denied an earlier effective date for the award of nonservice-connected pension benefits, finding no record or communication officially documented to have been received prior to January 25, 2002 that can be construed as a claim for such benefits.

The Board dismissed the appellant's claim for an earlier effective date of October 1, 1989 for the grant of DIC benefits as a matter of law due to lack of proper appeal and no allegation of clear and unmistakable error (CUE).

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to determine the etiology of his respiratory disorder.

The Board denied the appellant's request for a waiver of recovery of an overpayment of pension benefits in the amount of $19,207.00 plus interest because it was not received within 180 days after notification.

The veteran's claim for service connection for drug abuse is denied as a matter of law.

The Board denied the veteran's claims for a higher initial rating for residuals of a right scapula injury and service connection for degenerative joint disease, finding that his disability did not meet the criteria for a compensable evaluation under applicable VA regulations.