Other conditions decisions — 2001

The Board of Veterans' Appeals has determined that the appellant is entitled to a retroactive award of educational assistance benefits under chapter 35, title 38, United States Code, for enrollment between April 7, 1996 and May 4, 1996.

The Board has determined that the veteran's service-connected residuals of a left hemispheric cerebrovascular accident warrant a 100% schedular rating, effective from February 1, 1999.

The veteran's loan guaranty indebtedness was denied because his conduct in creating the debt did not constitute fraud, misrepresentation of a material fact, bad faith, or lack of good faith. However, it is not contrary to equity and good conscience to deny the waiver request.

The Board dismissed the appeal because there was no properly filed notice of disagreement or substantive appeal.

The veteran's claims for increased rating and total disability due to service-connected disabilities are being remanded due to the failure of the veteran to report for scheduled VA examinations, lack of adequate notice provided to the veteran regarding the examinations, and incomplete medical records. The case will be returned to the RO for further development.

The Board has granted the appellant's claim for an effective date of September 30, 1998, for reinstatement of DIC benefits as her surviving spouse of the veteran. The actual payment will begin on October 1, 1998.

The veteran's appeal is dismissed as the Board does not have jurisdiction due to a lack of timely notice of disagreement.

The Board denied the claim because no new and material evidence was submitted to reopen the claim for recognition as the veteran's widow for death pension benefits.

The Board denied the veteran's claim for CUE in its June 6, 1947 decision finding that his injuries were due to willful misconduct. The veteran argued that this decision was based on incorrect application of law or facts, but the Board found no clear and unmistakable error.

The veteran's service-connected weak feet are not severe enough to warrant a rating higher than 10 percent.

The Board denied the appellant's claim for service connection for the cause of her husband's death, deciding that it was not established through direct evidence.

The Board has determined that the veteran's failure to report his increased civil service annuity income resulted in an overpayment of $2308. The decision grants waiver of recovery due to undue financial hardship caused by this overpayment.

The Board has determined that the veteran's supraventricular tachycardia with residuals of radiofrequency ablation is related to his active service and granted service connection. However, there is no evidence of current pulmonary symptoms or nodules on the lungs, thus denying service connection for a spot on the lungs.

The Board denied an increased rating for the veteran's duodenal ulcer, currently rated at 20 percent.

The Board has determined that the appellant's request for waiver of recovery of an overpayment of VA death pension benefits in the amount of $8,316.00 was denied due to her receipt of Social Security benefits which resulted in an overpayment.

The VA determined that the veteran's claim for service connection for a dental gum disease, including tooth loss as a compensable disability, lacks legal merit or entitlement under the law.

The Board denied the veteran's claim for an apportionment of his VA compensation benefits to his spouse and children, finding that he reasonably discharged his financial responsibility during the relevant period.

The Board has determined that the veteran's bilateral defective hearing does not meet the criteria for an increased rating, as it is currently rated as noncompensable.

The Board found that the reduction in the disability evaluation from 40 percent to 20 percent for the veteran's herniated nucleus pulposus with arthritis was proper based on improvement in range of motion and other symptoms.

The Board has denied the veteran's claim of service connection for bilateral shin splints, finding that there is insufficient evidence to establish a link between his current condition and his military service.