Other conditions decisions — 2001

The Board found no evidence of a service connection for the veteran's GI disorder, including radiation enteritis, and denied his claim.

The veteran's annual income exceeded the maximum allowable for nonservice-connected disability pension benefits, resulting in denial of his claim.

The Board has decided to remand the case for further development due to recent legislation requiring additional assistance in determining service connection.

The veteran is entitled to a waiver of recovery of the overpayment of $728 due to VA's delay in adjusting his disability compensation benefits.

The Board has determined that the veteran's service-connected psychiatric disorder, diagnosed as somatoform disorder, warrants a 30 percent evaluation due to its impact on his ability to establish and maintain effective work and social relationships.

The Board has determined that the veteran's service-connected specific phobia, situational type, does not meet the criteria for a higher evaluation due to the mild and infrequent nature of his symptoms. The initial 10 percent evaluation remains appropriate.

The Board has remanded the case for additional development due to procedural issues and potential changes in VA laws.

The appellant's income exceeded the maximum annual pension rate, and thus she is denied nonservice-connected VA death pension benefits.

The veteran's claim for waiver of recovery of an overpayment of VA disability pension benefits was denied due to his bad faith in accepting the full amount of his benefits after he no longer met the criteria for special monthly pension on account of being housebound.

The veteran's spouse was found to meet the definition of a dependent spouse for VA pension purposes and her income is countable for VA pension purposes.

The Board granted a 60 percent rating for neurogenic bladder effective from May 1999 and a 100 percent rating for neurogenic bowel effective from February 2000, based on the veteran's incontinence issues. Additional special monthly compensation was also awarded.

The Board denied the veteran's claims for increased ratings for ichthyosis of the legs and feet, as well as the propriety of the initial noncompensable evaluation for mitral valve prolapse. The current rating for ichthyosis is 30 percent.

The Board has determined that the veteran's cardiovascular and respiratory disabilities are due to nicotine addiction, which began during his service. Therefore, these conditions have been granted as being related to service.

The Board has determined that the veteran's post-operative right fifth finger flexor tendon injury warrants a 10 percent evaluation, which is the maximum schedular rating available under Diagnostic Code 5307.

The veteran's request for waiver of recovery of the overpayment at issue was not received within the 180-day period following the date of VA's notice, and therefore was denied.

The Board has determined that the appellant's post-operative residuals of an osteochondroma of the brain were incurred in active service, and thus granted service connection for this condition.

The Board denied the veteran's claim for an increased rating for endometriosis, finding that there is currently no clinical evidence of the service-connected condition.

The Board has granted the appellant's claim for service connection for the cause of the veteran's death as residual to ionizing and non-ionizing occupational radiation exposure during active duty.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board has granted a waiver of recovery of an overpayment of educational assistance benefits under Chapter 30, Title 38, United States Code, calculated in the amount of $1,260.35.