Other conditions decisions — 2001

The Board has determined that the appellant's right ear disorder clearly and unmistakably pre-existed service and did not undergo any increase in disability during his military service. Therefore, the claim for service connection is denied.

The appellant's claim for VA benefits as a helpless child was denied because she had previously been married and her marriage terminated after November 1, 1990.

The veteran is seeking to reopen his claim for service connection for post-traumatic organic brain syndrome. The RO has denied the reopening of this claim, but a decision on whether new and material evidence has been received will be made after additional records are obtained.

The Board denied the veteran's claims for reopening his previously denied dental and head injury claims due to lack of new and material evidence.

The veteran's service-connected ataxia secondary to cerebral atrophy results in permanent loss of use of both feet, meeting the eligibility criteria for financial assistance in purchasing an automobile or other conveyance.

The Board has determined that the veteran's microcytic anemia is proximately due to his service-connected duodenal ulcer, postoperative, subtotal gastrectomy and granted service connection for this condition. The rating for the duodenal ulcer remains at 20 percent.

The veteran's failure to report her receipt of monthly retirement payments from the State of Maryland resulted in an overpayment of improved pension benefits. The Board found that this constituted bad faith or lack of good faith, and thus denied waiver of recovery.

The veteran's claim for waiver of recovery of an overpayment of improved pension benefits was denied by the RO.

The veteran's claim for nonservice-connected disability pension is denied as he did not serve in the Republic of Vietnam and his active service was not due to a disability incurred or aggravated by service.

The Board has determined that the evidence submitted since the November 1994 decision is not new and material, thus denying the appellant's request to reopen her claim for service connection for the cause of the veteran's death.

The Board denied the veteran's request for a waiver of recovery of an overpayment in the amount of $3,204.00 due to his failure to report earned income and resulting overpayment.

The veteran's claims for higher evaluations and new compensable evaluations were denied. The RO granted a noncompensable evaluation for scars of the groin, left leg, left index finger, and right forearm.

The Board denied the appellant's request to reopen her claim for service connection for cause of the veteran's death, finding that new and material evidence had not been presented.

The veteran's claims for service connection and an increased evaluation for cardiovascular disability are granted with effective dates of November 1, 1969. The claim for a prior effective date is denied.

The veteran's service was not sufficient to qualify for nonservice-connected disability pension benefits due to the time lost during confinement.

The Board has granted a 30 percent evaluation for the veteran's fungal infection of the feet, finding that his condition meets the criteria for such an evaluation based on constant itching and exudation.

The Board has determined that B.B. is the surviving spouse of the veteran for VA benefits purposes, overturning a previous decision by the Wilmington RO.

The Board has denied the appeal regarding entitlement to service connection for the cause of the veteran's death, including as due to VA medical treatment under 38 U.S.C.A. § 1151. The issue of survivors' and dependents' educational assistance under Chapter 35 is dismissed because no timely substantive appeal was received.

The Board denied entitlement to service connection for the cause of the veteran's death due to a stroke, finding that the service-connected trench feet disability did not contribute substantially or materially to his death.

The Committee denied the appellant's request for waiver of overpayment of VA death pension benefits, finding that she was at fault in creating the overpayment. The case is being held in abeyance pending further development.