Other conditions decisions — 2001

The veteran's request for waiver of recovery of an overpayment in the calculated amount of $6,864 was not timely filed and therefore denied.

The Board has remanded the case due to incomplete medical records and the need for additional notification under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request to discontinue the apportionment of his VA compensation benefits on behalf of his minor children, K.M. and M.M., finding that a continued apportionment in the amount of $66 is warranted.

The Board has determined that the evidence received since the December 1985 administrative decision is not new and material within the meaning of VA regulation, thus denying the reopening of the claim.

The RO denied the veteran's claim to reopen his service connection for duodenal ulcer, finding that no new and material evidence had been submitted.

The veteran's Social Security payments are not included as countable income for purposes of improved disability pension benefits.

The Board has denied the veteran's claim of service connection for progressive muscular atrophy as due to Agent Orange exposure, finding that new and material evidence had not been submitted to reopen the claim on a direct basis. The RO also denied his claim of peripheral neuropathy.

The veteran's VA disability compensation is properly subject to recoupment of her military separation pay (less federal income tax withheld) that she received when discharged from service.

The Board found that the appellant had no recognized military service with the Armed Forces of the United States and denied their claim for basic eligibility for VA benefits.

The Board found no new and material evidence to reopen the veteran's claim for service connection for cancer as a result of exposure to ionizing radiation in service, thus denying the reopening of the claim.

The veteran's claim for an increased rating for his service-connected residuals of a fracture to the right tibia and fibula was denied. The RO found that there is no additional limitation of motion due to post traumatic degenerative joint disease in the affected joints, which are part of the service-connected fracture residuals.

The Board has determined that it would be against equity and good conscience to require the veteran to repay an overpayment of $6,040.66 due to his incarceration during which time his spouse used the funds for household expenses.

The veteran's request for waiver of an overpayment of improved pension benefits was denied because it was not filed within the required 180-day period following notification of the indebtedness.

The veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of this claim as he is no longer alive.

The veteran's pension was terminated on February 1, 1997 due to excess income. The Board found that the veteran's family income exceeded the maximum annual pension rate for which he could qualify.

The veteran's low back disability, characterized as chronic right sacroiliac strain, is rated at 60 percent disabling according to applicable schedular criteria. The veteran also meets the criteria for a total rating based on individual unemployability due to his service-connected low back disability.

The Board has determined that no new and material evidence has been received to reopen the veteran's claim for revocation of a forfeiture action, which was originally denied in 1968. The decision is based on the lack of new or substantial evidence.

The veteran's burial was not covered by VA burial benefits because the claim for benefits was submitted more than two years after the burial, which is beyond the allowed time limit.

The veteran's Section 306 pension benefits were terminated due to excessive income, and the appeal is dismissed as the appellant has withdrawn their appeal.

The Board has granted an increased rating for the appellant's service-connected PTSD from 30 percent to a higher percentage, resolving his appeal on this issue.