Other conditions decisions — 2001

The Board found that the veteran's pension benefits were properly discontinued due to his failure to report changes in marital status and income. The overpayment of $20,576 was denied as it was created by the veteran's bad faith.

The veteran's claim for Chapter 30 educational assistance benefits was denied because he did not meet the eligibility requirements, specifically serving at least three years of continuous active duty after June 30, 1985.

The Board has determined that the veteran's residuals of a shell fragment wound of the right buttock warrant a 20 percent evaluation, effective July 22, 1997. The scar on his right buttock is rated as noncompensable.

The veteran's claim for reimbursement of unauthorized medical services is denied because the treatment was not for a service-connected disability or an associated aggravating disability.

The RO reduced the veteran's rating from 50 percent to 30 percent for chronic brain syndrome, finding that his condition did not meet the criteria for a higher rating.

The Board has granted service connection for fever of unknown origin, finding that it was incurred in service. The veteran's low back pain with history of spondylolisthesis is already service-connected and rated at 10 percent.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbar spine disorder, diabetes mellitus, bilateral hearing loss, and inguinal herniorrhaphy. The maximum schedular evaluation of 60 percent for the lumbar spine disorder was maintained.

The veteran's application for nonservice-connected pension benefits was denied as he did not meet the service eligibility requirements. The claim to reopen his nervous disorder claim is deferred pending further development.

The veteran's claim for an increased rating for his service-connected compression fracture of the twelfth thoracic vertebra was denied by the RO in April 2000. The RO continued the evaluation at 20 percent.

The veteran's request for a waiver of recovery of an overpayment of VA disability pension benefits calculated in the amount of $7,320.00 was not timely received and therefore denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for bilateral hallux valgus and bilateral claw toe deformity. The case is remanded for further development.

The VA has granted a 30 percent disability rating for the veteran's service-connected residuals of right pneumothorax, based on recent pulmonary function test results showing an FEV-1 of 70-percent predicted.

The Board has determined that the veteran's service-connected traumatic degenerative changes of the first metatarsophalangeal joint do not warrant an increased disability evaluation.

The Board denied the appellant's claim for an effective date earlier than March 23, 1999 for a 100 percent disability rating for service-connected conversion reaction.

The veteran's memory loss and strokes are considered unintended consequences of his heart valve surgery in November 1991, which entitles him to benefits under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that the appellant is not among the beneficiaries of the veteran's National Service Life Insurance policy and therefore, her claim for a portion of the proceeds must be denied.

The veteran is seeking an increased rating for his service-connected hyperchlorhydria with constipation, but the RO has not scheduled him for a VA examination to assess the current severity of this condition. The RO also needs to consider any relationship between his current gastrointestinal problems and his service-connected disorder.

The VA denied the veteran's claims for an increased rating for his post-operative gastrectomy residuals and for TDIU due to service-connected disability.

The veteran's claim for service connection for a skin condition is being remanded due to the need for additional development and consideration of his case under the Veterans Claims Assistance Act of 2000.

The veteran died from carcinoma of the lung, which was not present during service or within one year after separation. The death is not considered to be caused by a service-connected disability.