Other conditions decisions — 2001

The Board found that the veteran's VA pension benefits were properly terminated due to his conviction of a felony and subsequent incarceration, as per VA regulations.

The Board has determined that there is no current evidence of active malaria or its residuals, and thus a compensable evaluation for service-connected malaria is denied.

The Board has determined that the veteran's service-connected gastric ulcers are currently evaluated at a 20 percent rating, and finds this to be appropriate given her symptoms which have been predominantly asymptomatic over the past few years.

The Board has determined that the appellant's unreimbursed medical expenses from February 1997 and for the next 12-month annualized period should be excluded from her income for VA improved death pension purposes.

The veteran's appeal for more than ten months of educational assistance benefits was denied as he did not meet the legal requirements under Chapter 30, Title 38, United States Code.

The Board denied the veteran's claims for an effective date prior to August 21, 1997 for a combined rating of 50 percent for cold injury residuals of the hands and feet, as well as his claim for an increased rating for residuals of frozen feet. The veteran's conditions were found to be service-connected on a direct basis.

The Board denied the appellant's claim for an earlier effective date of September 17, 1997, for a grant of special monthly pension at the housebound rate. The appeal is based on the veteran's death and the appellant as his surviving spouse seeking benefits.

The Board has denied the veteran's claims for service connection for the cause of his death and entitlement to DIC benefits under 38 U.S.C.A. § 1318 due to a lack of evidence showing that his service-connected narcolepsy caused or contributed substantially to his death.

The Board denied the appellant's claim for death pension benefits as her father was receiving non-service-connected pension at the time of his death and did not meet the criteria for entitlement to such benefits.

The Board has denied the veteran's claims for an increased rating and earlier effective date for his service-connected mitral valve abnormality due to rheumatic fever.

The Board has determined that the veteran's cause of death was due to his brain stem glioma, which may be related to herbicide exposure during service. The appellant is granted entitlement to accrued benefits for her husband's astrocytoma.

The veteran's disability, post traumatic arthritis of the right leg, meets the criteria for special monthly pension at the housebound rate.

The Board has denied the veteran's claims for increased evaluations for residuals of posterior urethritis and chronic prostatitis, as well as his claim for an evaluation for impotency. The evidence did not show that he met the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claim for an increased rating for his left varicocele, currently evaluated as 0 percent disabling.

The veteran's claim for increased ratings for thrombophlebitis of the left leg was evaluated under both old and new rating criteria. For the period from January 16, 1996 to January 12, 1998, a 30 percent evaluation was continued. After January 12, 1998, an increased evaluation beyond 60 percent was not warranted based on current medical evidence.

The Board denied the veteran's claims for service connection of a left eye disorder secondary to his right eye disability and for an increased evaluation for his right eye disability.

The Board has restored the veteran's 40% rating for myositis ossificans, right hip and granted an increased disability rating of 40% for peptic ulcer disease.

The veteran requested to withdraw their appeal, so the case is dismissed.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that his failure to report his Social Security income constituted bad faith and therefore waived recovery was precluded by law.

The VA granted service connection for residuals of a lacrimal canalicular repair of the left eye with epiphora, and assigned a 10 percent evaluation effective from August 30, 1995.