Other conditions decisions — 2001

The veteran's service-connected fracture of the 8th and 11th dorsal vertebrae is currently rated at 30 percent, which includes a 10 percent rating for demonstrable deformity. The RO found no evidence of unfavorable ankylosis or spinal cord involvement.

The veteran's income for the period from January 1, 1998 to January 31, 1999 exceeded the maximum allowable pension rate and his claim was denied. The issue of waiver of overpayment of VA pension benefits in the amount of $3,118 is remanded.

The Board denied service connection for shortness of breath, joint pain, mood swings, insomnia, fatigue, memory loss, and dizziness, all claimed as chronic disabilities resulting from an undiagnosed illness.

The Board of Veterans' Appeals has determined that the claim for service connection for malaria is denied due to lack of well-groundedness, and a remand was ordered to comply with the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's residuals of a fracture of the right fibula do not warrant an increased rating beyond the current 10 percent assigned.

The Board denied the appellant's request for waiver of an overpayment of death pension benefits due to her willful failure to disclose receipt of additional income, including SBP annuity and life insurance proceeds.

The Board found no evidence of current disabilities related to labyrinthitis and rheumatic fever, and denied service connection for both conditions.

The veteran's appeal for advance payment of educational assistance benefits was dismissed as there is no longer an outstanding issue of fact or law pertaining to the veteran's claim.

The Board has determined that the death pension claim must be denied as a matter of law due to the appellant's deceased husband not having active military service for purposes of VA nonservice-connected pension benefits. The issue of entitlement to service connection for the cause of the veteran's death is remanded for further development and consideration.

The veteran's claim for waiver of recovery of an overpayment of VA pension benefits was denied because he did not file a timely application within the 180-day period after being notified of the debt.

The Board denied the appellant's request for a waiver of recovery of an overpayment of widow's pension benefits in the amount of $50,094.56 due to her not timely filing the request within 180 days of notification.

The Board has determined that the veteran's service-connected scar residuals of shell fragment wounds to the left knee and thigh area do not warrant an increased evaluation as they do not present a limitation of motion or other disabling effects.

The Board denied the appellant's claim of eligibility for VA benefits due to a lack of recognized military service in the United States Armed Forces by her spouse, and found no new and material evidence has been submitted.

The veteran's service is not legally qualifying for nonservice-connected disability death pension benefits due to the absence of legal merit, or the lack of entitlement under the law.

The Board of Veterans' Appeals (Board) has decided to grant service connection for sigmoid volvulus, finding that the veteran's current gastrointestinal disorder is related to his active military service. The Board notes that there was an injury noted in the veteran's service medical records and a subsequent diagnosis of sigmoid volvulus post-service.

The Board has determined that the veteran's duodenal ulcer disease does not meet the criteria for a higher rating, as it is currently rated at 20 percent and considered moderately disabling. The evidence did not show symptoms severe enough to warrant a higher rating.

The case is being remanded for a videoconference hearing, and the claim will be returned to the Board after compliance with all requisite procedures.

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

The VA Regional Office denied the claim of service connection for a shrapnel wound to the right arm. The case is being remanded due to new requirements under the Veterans Claims Assistance Act of 2000.

The veteran's service is recognized, but he does not meet the criteria for basic eligibility for VA nonservice-connected disability pension benefits.