Other conditions decisions — 2001

The appellant's application for improved death pension benefits was denied because her countable income exceeded the maximum applicable limit, despite expenses associated with the veteran's last illness and burial being deducted from her income.

The Board has determined that the appellant does not have qualifying active service for purposes of entitlement to VA pension benefits and therefore, basic eligibility for VA non-service connected disability pension benefits is denied.

The Board denied the appellant's claim as her husband did not have the requisite military service to establish basic eligibility for VA benefits.

The Board denied the appellant's claim for recognition as the veteran's legal surviving spouse, stating that she did not meet the requirement of 'continuous cohabitation' since she was not without fault in the continuation of their separation.

The Board has determined that the appellant did not serve as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces and therefore does not qualify as a veteran for VA benefits.

The Board has granted a partial waiver of the veteran's overpayment, reducing it by half. The remaining $589 is not waived due to the fault of both the VA and the veteran in creating the overpayment.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his VA improved pension benefits, finding that recovery would not be against the principles of equity and good conscience.

The Board's May 1998 decision denying service connection for the cause of the veteran's death is not a final decision, and therefore cannot be revised on grounds of clear and unmistakable error.

The Board has determined that the effective date for the grant of service connection for Crohn's Disease should be September 11, 1992, as this is when the veteran first submitted his claim.

The veteran's claim for a higher rating for his service-connected bilateral defective hearing was granted, with the effective date set at January 5, 2000.

The Board finds that the veteran's shell fragment wound to Muscle Group XXII with retained foreign body is productive of no more than moderately severe impairment, and thus, a rating in excess of 20 percent is not warranted.

The Board has denied the veteran's claim for service connection for colon cancer as a residual of exposure to herbicides, finding no positive association between herbicide exposure and this condition.

The Board denied the veteran's claim for basic eligibility for educational benefits under Chapter 30, Title 38, United States Code due to insufficient qualifying active duty service.

The Board has determined that the veteran's pectus excavatum was aggravated during service and is therefore granted service connection for this condition.

The veteran's claims for increased evaluations of her foot disabilities and pelvic inflammatory disease are being remanded due to the inadequacy of the VA examinations conducted in July 1999.

The Board denied the veteran's request for a waiver of overpayment of $29,470.60 due to his fault in creating the debt by continuing to accept full VA benefits during his incarceration.

The Board of Veterans' Appeals (BVA) found that the appellant's award of improved death pension benefits was properly terminated as of June 1, 1997 due to her annual countable income exceeding the maximum limit for a surviving spouse without dependents.

The veteran's claim for service connection for residuals of a cold injury was received on April 25, 1997. The effective date cannot be earlier than the date of the claim due to the provisions in 38 U.S.C.A. § 5110 and 38 C.F.R. § 3.400.

The veteran is seeking an increased rating for his service-connected filariasis, but the claim has been remanded due to insufficient findings and the need for additional medical records.

The Board denied the veteran's request to reopen his claim for service connection for aortic insufficiency secondary to congenital aortic valve abnormality, finding that no new and material evidence had been submitted.