Other conditions decisions — 2001

The appellant's spouse had recognized guerrilla service during World War II, but this type of service does not qualify for nonservice-connected death pension benefits. The Board denied the claim as there is no legal authority for entitlement to such benefits.

The Board has determined that the veteran's chronic gastrointestinal disorder, diagnosed as gastric ulcers, was incurred based on aggravation due to his service-connected PTSD.

The Board denied the veteran's claim for additional adaptive equipment reimbursement because the repairs to his 1991 Lincoln Continental were not so costly as to be prohibitive, and therefore did not make the vehicle unavailable due to circumstances beyond his control.

The Board has determined that the veteran's overpayment of improved pension benefits should be waived due to his financial hardship and lack of fault in creating the debt.

The Board has granted a 20 percent rating for the service-connected residuals of the fracture of the left radius, effective from February 18, 2000. The veteran's condition is not considered to have worsened prior to this date.

The veteran's claim for a compensable disability evaluation for iron deficiency anemia is being remanded due to the need for a new VA examination.

The Board denied the veteran's claim that his income from monthly installments from the sale of property should not be counted as countable income for VA pension benefits, finding that all installment payments received since January 1994 have been in excess of the sales price and therefore properly included as countable income.

The veteran's overpayment of pension benefits was found not to involve fraud, misrepresentation, or bad faith on his part. The appeal is granted.

The Board found that an overpayment of $2,968 was properly created due to the appellant's willful misrepresentation and failure to disclose her self-employment income. The Board also noted that the creation of this debt was not based on service connection.

The Board has granted a disability rating of 20 percent for the veteran's duodenal ulcer, finding that it meets the criteria for moderate manifestations.

The Board has denied the veteran's claim for service connection for residuals of a gum infection, to include jaw bone and dental disabilities due to lack of well-groundedness. Further development is required as per the Veterans Claims Assistance Act of 2000.

The veteran is seeking service connection for an eye disorder. The Board has determined that further medical examination and development are needed to clarify the nature, etiology, and date of onset of her current eye disorder.

The veteran's low back disability, specifically sacroiliitis, has been rated at 20 percent and now meets the criteria for a 40 percent evaluation due to severe limitation of motion.

The Board denied the veteran's claim for an earlier effective date for a grant of service connection for the residuals of cold injuries to both lower extremities, finding that no claim was filed within one year after discharge from service and denying any legal duty on the part of the VA to assist in filing such a claim.

The VA has denied an increased rating for the veteran's post-operative residuals of fracture of the right tibia and fibula, currently rated at 20 percent.

The veteran's service-connected residuals of right little finger fracture are associated with deformity and constant pain, discomfort, weakness, reduced and painful motion, and functional impairment grasping and handling objects with the right hand. The disability requires intermittent medical treatment and therapy. As a result, the Board finds that a 10 percent rating for the service-connected residuals of fracture of the right fifth metacarpal is warranted.

The Board denied the veteran's claims for increased evaluations for his service-connected varicose veins, intestinal schistosomiasis, and Necator Americanus. The evidence did not support separate compensable ratings for varicose veins in each leg or a compensable evaluation for either intestinal schistosomiasis or Necator Americanus.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for atypical psychosis, finding that there is no medical evidence linking his current psychiatric condition to any incident during his military service.

The veteran's spouse is denied accrued benefits based on unreimbursed medical expenses from January 1, 1999 until the veteran's death in July 1999 due to actual expenses being less than the annualized expenses already allowed.

The Board denied an increased rating for malaria, finding that the evidence did not support a compensable rating due to lack of active malarial disease.