Other conditions decisions — 2001

The Board has determined that the veteran's left knee disability, primarily manifested by pain on use, does not warrant a rating in excess of 10 percent.

The Board of Veterans' Appeals has determined that there is no evidence to support the veteran's claim for service connection for hyperlipidemia, and thus denied the claim.

The veteran's claim for educational assistance benefits was denied as he did not meet the eligibility criteria, despite his coursework being valid and necessary.

The Board has determined that the veteran's Attention Deficit Disorder (ADD) existed prior to service and is not due to disease or injury incurred in service. The claims for increased ratings for left testicle orchiectomy, chondromalacia of the right patella, and chronic sprain of the right AC joint with tendonitis are denied.

The Board denied the appellant's claim for service connection for the cause of her husband's death, attributing it to exposure to Agent Orange during service. The veteran died from pancreatic cancer.

The Board has determined that the May 1997 decision was clear and unmistakable error, and granted an effective date of February 1, 1983 for the grant of death pension benefits.

The Board has determined that an increased apportionment of the veteran's VA disability compensation benefits is not warranted due to the appellant's recent increase in expenses and her marriage, which suggests no financial hardship solely on the part of the veteran's dependent children.

The veteran's appeal has been dismissed due to his death before a decision could be issued.

The Board found that recovery of the overpayment would be against equity and good conscience due to the veteran's severe medical conditions, his dyslexia, and current financial situation.

The Board denied the appellant's request for waiver of recovery of an overpayment of pension benefits in the amount of $2,280.00 due to a lack of timely submission of the request.

The appellant is not entitled to DEA benefits for periods of enrollment from August 1988 to May 1993 because she was not eligible for Chapter 35 benefits at the time of her enrollment.

The Board denied the waiver of recovery of an overpayment of improved disability pension benefits in the amount of $54,718 due to bad faith on the part of the appellant.

The VA has granted a 20 percent evaluation for the veteran's postoperative left rotator cuff repair, which is currently evaluated as 10 percent disabling. The disability more nearly approximates limitation of motion to shoulder level.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension due to her untimely submission of the request.

The veteran's son, D.M., is recognized as a 'helpless child' due to permanent incapacity for self-support by reason of mental defects at the age of 18.

The veteran's claim for a rating greater than 10 percent for varicose veins in the left leg was denied. The disability is currently rated at 10 percent.

The Board denied the reopening of the claim as no new and material evidence was submitted.

The case is being remanded for additional development, including obtaining records of the veteran's last hospitalization and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board of Veterans' Appeals has determined that the claimant's discharge from active service was under other than honorable conditions, which bars him from receiving veteran benefits except for health care under Chapter 17 of the United States Code.

The Board denied the waiver of recovery of an overpayment of improved disability pension benefits, finding that recovery would not be against equity and good conscience due to the appellant's failure to promptly notify VA of changes in family income.