Other conditions decisions — 2001

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits due to lack of new and material evidence, despite the appellant requesting a personal hearing.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, entitlement to accrued VA compensation benefits, and DIC under section 1318. The claim for service connection was denied due to lack of evidence linking anemia to service. The claim for accrued benefits was denied as the appellant did not file her claim within one year after the veteran's death. The claim for DIC was denied because there was no period during which the veteran was rated as totally disabled.

The Board found that the veteran's overpayment of compensation benefits was properly created due to his incarceration and the resulting reduction in his benefit rate.

The veteran's service is not considered to meet the eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code.

The RO denied increased disability evaluations for service-connected left greater trochanteric bursitis with iliotibial band tightness and residuals of bilateral foot injuries, but granted a noncompensable evaluation for uterine fibroids.

The Board found that the appellant did not have valid service in the Armed Forces of the United States and therefore denied his claim for basic eligibility for VA benefits.

The VA has denied the veteran's claim for an increased disability rating for his service-connected left mid-back contusion, finding that it does not meet the criteria for a schedular disability rating in excess of 10 percent.

The veteran's claim for direct service connection for gum disease is denied as the condition is not a compensable disability.

The Board denied the appellant's request to reopen her claim for nonservice-connected death pension benefits, finding that no new and material evidence had been submitted.

The overpayment was not due to the veteran's fault, and recovery of $1,328 would be against equity and good conscience.

The veteran's minor children, Crystal and Sean, are seeking an apportioned share of the veteran's VA compensation benefits due to their lack of residency with the veteran and the veteran not reasonably discharging his responsibility for their support. The RO granted a $141 per month apportionment based on additional disability compensation received solely on account of Crystal and Sean.

The Board denied the veteran's 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 veteran's fault in creating the overpayment and his lack of financial hardship.

The veteran's service-connected schizoaffective disorder currently results in occupational and social impairment with reduced reliability and productivity, but not to the extent that would warrant a higher rating.

The veteran's appeal is being remanded for further development, including an examination during an exacerbation of his dermatophytosis and additional medical records.

The Board denied the veteran's claim of clear and unmistakable error in the 1947 and 1948 rating decisions that denied service connection for a skin disorder, finding that these decisions were not clearly erroneous.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal.

The veteran's appeal for a higher disability evaluation for Raynaud's disease was granted by the Board of Veterans' Appeals.

The Board has granted service connection for residuals of a head injury and assigned a 10 percent rating, effective February 19, 1976.

The Board has granted a compensable rating of 10% for the veteran's service-connected surgical scars, residuals of bilateral inguinal hernia repairs, effective March 8, 2001.

The veteran's request for waiver of recovery of an overpayment of VA improved pension benefits was not timely, and the Board denied it.