Other conditions decisions — 2000

The Board found that the appellant's request for a waiver of recovery of an overpayment of educational assistance benefits, in the remaining amount of $153.34, was not timely received and thus denied her appeal.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a respiratory disorder, to include as due to tobacco use or nicotine dependence during service. The RO found that there was no nexus between the current diagnosed conditions and the veteran's military service.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a nasal disability, finding that there was no evidence linking his current nasal problems to an in-service injury.

The Board has granted a waiver of recovery for the overpayment of VA improved death pension benefits in the amount of $16,744.00 due to severe financial hardship and the appellant's disability.

The veteran's claims for increased ratings for his service-connected thrombophlebitis and varicose veins were denied. The RO continued the existing disability evaluations, with some changes effective from January 12, 1998.

The Board has reopened the veteran's claim for service connection for residuals of a back injury due to new and material evidence submitted since the last denial in December 1984. The case is now remanded for further development.

The VA has determined that the veteran's tremors of head and hands, residuals of lacunar infarct do not warrant a higher disability rating than the current 30 percent assigned.

The Board found that the April 1954 rating decision was not clearly and unmistakably erroneous, as it correctly applied the applicable rating criteria.

The veteran's appeal has been dismissed due to his death.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of valid military service, as determined by the United States Army Reserve Personnel Center (ARPERCEN).

The veteran's claim for an earlier effective date for disability compensation was denied as there is no provision for paying benefits from an earlier date based on the VA not monitoring whether disability compensation or retirement pay is the greater benefit after a veteran has elected to receive one of these benefits.

The Board has denied the veteran's claim for service connection for lung disability, to include emphysema, due to tobacco use. The issue is still pending as new and material evidence was not submitted.

The veteran is seeking an increased evaluation for his stroke residuals, currently rated at 10 percent. The RO must review the claims file and ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 are completed before readjudicating the claim.

The Board denied the appellant's claim for service connection for the cause of the veteran's death in December 1992, which was upheld by the Court. The appellant reopened her claim on December 16, 1994, and the Board granted it effective from that date.

The Board denied the motion alleging clear and unmistakable error (CUE) in their June 1991 decision, concluding that the moving party did not meet the requirements for basic eligibility for Department of Veterans Affairs pension benefits due to lack of recognized military service.

The Board determined that the appellant knowingly and intentionally submitted false statements in support of her claim for VA benefits, leading to forfeiture of all rights under VA laws (except those pertaining to insurance benefits).

The veteran's disability, a fracture of the right foot, is currently rated at 20 percent and the Board finds that it does not meet the criteria for an evaluation in excess of this rating.

The Board has remanded the case due to new provisions of the Veterans Claims Assistance Act of 2000, requiring additional development and notification.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the total original amount of $3750, finding that it would not be against equity and good conscience to require repayment.

The Board found that the appellant's failure to report her income was not excusable, and thus the overpayment of $39,959.32 was not improperly created. The Committee on Waivers and Compromises determined that the appellant acted in bad faith, precluding waiver of the overpayment.