Other conditions decisions — 2001

The Board denied the veteran's claims for an increased evaluation of his left orchiectomy and to reopen his claim of service connection for a left great toe disability.

The appellant's benefits from SSA and NSLI policies are considered income for VA death pension purposes, and her annual pension rate was computed properly based on these factors.

The Board denied the claim that the veteran's widow's 1997 unreimbursed medical expenses were timely reported, as they were not submitted by December 31, 1997.

The VA determined that the veteran's post-operative herniated nucleus pulposus L5-S1 is currently rated at 20 percent and denied an increased rating.

The appellant is legally entitled to improved death pension benefits for an annualized period beginning in 1999, as her countable income does not exceed the maximum annual pension rate.

The Board found that the veteran acted in bad faith by not attempting to work with VA or the lender to avoid foreclosure, resulting in a loss of his property and debt. The decision denied the waiver of recovery of loan guaranty indebtedness.

The Board denied the veteran's claim for an effective date prior to November 1, 1998 for payment of additional disability compensation benefits for his spouse. The effective date was set at November 1, 1998.

The veteran's son is not entitled to accrued benefits in excess of $1496.00 as he does not meet the criteria for a child under VA regulations and the maximum benefit available under the accrued benefits provisions has been awarded.

The Board of Veterans' Appeals has determined that the appellant does not have qualifying service for VA benefits and therefore denied their claim.

The veteran's residuals of right and left calcaneal stress fractures, secondary to osteoporosis, have been rated at 20 percent since May 1999. The evidence does not support a higher rating.

The VA denied the veteran's request for waiver of an overpayment of $721.00 in nonservice-connected disability pension benefits due to a failure to file within the required 180-day period.

The Board has determined that the veteran's service connection claim for residuals of burns on his left hand is granted as it meets the criteria for direct service connection.

The VA has granted service connection for residuals of a gunshot wound to the right index finger and assigned a 20 percent evaluation, effective September 22, 1999.

The claimant's income exceeds the applicable income limitation for a child of the veteran, resulting in denial of improved death pension benefits.

The Board has determined that the veteran suffered dental trauma during service, but needs further medical examination to determine which specific teeth were injured. The case is remanded for this purpose.

The veteran is seeking VA compensation benefits for neuralgia of the fifth, ninth, and tenth cranial nerves claimed to have resulted from VA medical treatment. The case is being remanded for further development including obtaining records of any potential VA treatment in 1981 and obtaining private medical records.

The Board denied the veteran's claim for additional VA compensation benefits based on his legal custody of his minor grandson and granddaughter, finding that he did not meet the criteria under applicable law.

The Board denied the claimant's request for waiver of recovery of an overpayment in the amount of $16,269 due to her failure to report income changes promptly and her lack of financial hardship.

The Board denied the claim of entitlement to service connection for residuals of a gastrectomy as new and material evidence had not been submitted since it had last adjudicated the claim in July 1998.

The Board has determined that the appellant's residuals of basal cell carcinoma, including right earlobe and parotid gland involvement, are related to active service. As a result, the claim for service connection is granted.