Other conditions decisions — 2000

The Board has determined that the appellant may not be recognized as the veteran's surviving spouse for VA purposes due to a prior legal marriage between the veteran and the appellee, which precludes recognition of the appellant's claim.

The Board has determined that the veteran's current lung disorder is not due to asbestos exposure or other disease or injury incurred in service, and thus denied his claim for service connection.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's claims for increased ratings for Lyme disease were denied for the period from September 10, 1997, through October 31, 1999. For the period beginning on November 1, 1999, a noncompensable evaluation was granted.

The veteran's claim for an increased evaluation of his service-connected diaphragmatic hernia with Barrett's esophagus is being remanded due to the inadequacy of the examination report. The case will be returned to the Board after further development, including a new VA gastroenterologist examination.

The Board has determined that the veteran's postoperative residuals of a fracture of the left femur do not warrant an increased evaluation beyond the current 10 percent rating.

The Board found that the veteran's claim for service connection for a skin disorder was not well-grounded and denied it.

The Board denied the veteran's claim for waiver of recovery of an overpayment of Section 306 pension benefits, finding that there was bad faith in the creation of the overpayment and thus precluding waiver.

The Board denied increased evaluations for coxa magna and plana of the left and right femoral heads, finding that current symptoms do not warrant a higher evaluation.

The Board denied the veteran's attempt to reopen his claim for service connection for an eye condition, finding no new and material evidence. The decision is final.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits due to her marriage being invalid under Philippine law because of a prior subsisting marriage.

The Board denied the appellant's claim as his character of discharge from service is a bar to VA benefits due to an absence without official leave for at least 180 days, and no compelling circumstances were shown to warrant this prolonged absence.

The Board finds that the veteran's Guillain-Barre syndrome, resulting from an influenza vaccine administered in October 30, 1991, is related to his service-connected condition and thus qualifies for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran did not file a timely substantive appeal regarding the September 1995 decision concerning the effective date for service connection of loss of visual fields, and therefore denied the appeal.

The Board found that the veteran's income exceeded the statutory limit for Section 306 pension benefits, and thus terminated his benefits effective January 1, 1990.

The Board denied the appellant's claim for VA death benefits as her marriage to the veteran ended in divorce before his death, and she was not legally married at the time of his death.

The veteran seeks reimbursement for medical expenses incurred during his hospitalization at a private hospital in November 1991. The Board has determined that the denial of the claim is due to the lack of evidence showing a medical emergency necessitating immediate treatment, and because no feasible VA facility was available.

The Board found that the appellant's claim to a waiver of recovery of an overpayment of VA improved death pension benefits was not precluded by fraud, misrepresentation or bad faith. The decision granted the waiver.

The Board denied the veteran's request for waiver of overpayment of dependency and indemnity compensation (DIC) in the amount of $2,386.32 due to fault on her part in underreporting interest income.

The Board dismissed the claim as it lacks jurisdiction due to the veteran not being an eligible person for Dependent's Educational Assistance.