Other conditions decisions — 2001

The veteran's overpayment of VA improved pension benefits in the amount of $737 is waived due to the RO's failure to timely adjust his award after he was admitted to a VA domiciliary and nursing home.

The VA determined that the appellant's deceased spouse did not have recognized service in the Philippine Commonwealth Army, including the recognized guerrillas, and thus does not meet the basic eligibility requirements for VA benefits.

The VA determined that the appellant's deceased spouse did not have qualifying service with the United States Armed Forces and therefore is not considered a veteran for purposes of VA benefits.

The veteran seeks an effective date earlier than January 12, 1998 for a 10 percent rating for thrombophlebitis of the left leg. The Board denied this claim as the effective date cannot be earlier than the effective date of the liberalizing law that became effective on January 12, 1998.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his VA improved pension benefits, finding that the veteran was primarily at fault and that requiring him to repay the debt would not result in undue financial hardship.

The Board denied the appellant's claims of service connection for the cause of the veteran's death and for DIC benefits under 38 U.S.C.A. § 1318.

The veteran's service-connected disabilities did not contribute substantially or materially to his death. The legal criteria for the payment of DIC benefits based upon total disability at the time of death have not been met.

The veteran withdrew his appeal regarding the increased rating for residuals of a fracture to the left radius and ulna, indicating satisfaction with the 10 percent rating awarded.

The veteran's death was caused by or as a consequence of epidermoid sarcoma, which is one of the presumptive diseases related to exposure to herbicide. The claim will be remanded for further development including obtaining records from the criminal investigation and the OMPF.

The Board of Veterans' Appeals denied the appellant's request for waiver of recovery of an overpayment of Section 306 pension benefits in the amount of $4,788.

The veteran's hiatal hernia residuals are currently rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating due to the severity of his symptoms.

The veteran's claim for waiver of loan guaranty indebtedness in the amount of $27,500.00 was denied due to lack of good faith and bad faith on his part.

The veteran's claim for service connection for mitral valve prolapse is being remanded due to the need for a VA examination and additional development of his medical records.

The Board denied the veteran's claim for an increased rating for prostatitis, finding that there was no evidence of service-connected disability or exposure basis. The current medical evidence did not support a compensable rating.

The veteran's claim for service connection for residuals of a head injury is denied as there is no evidence of current disability.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code due to lack of eligibility based on his service records and legal requirements.

The veteran's claim for service connection for residuals of a fractured nose is denied as there is no evidence of a current disability related to service.

The veteran's service-connected bilateral foot disability requires the use of orthotic devices that accelerate wear and tear on his shoes, meeting the criteria for a VA clothing allowance.

The Board granted service connection for residuals of a head injury and adjustment disorder, resulting in retroactive benefits. Attorney fees are reasonable based on the complexity and success of the representation.

The veteran's claim for an increased rating for residuals of a sacroiliac injury and weakness was denied because he failed to report for scheduled VA examinations without good cause.