Other conditions decisions — 2001

The veteran's claim for an earlier effective date for special monthly pension based on the need for regular aid and attendance of another person is being remanded to the RO.

The Board found that the appellant's status post acute inferior wall myocardial infarction is no more than 30 percent disabling, based on his functional capacity in the range of greater than 5 METs but not greater than 7 METs.

The veteran's appeal was dismissed due to his death.

Service connection for the cause of death is denied as there was no service-connected disability that caused or contributed to the veteran's death.,DIC benefits under 38 U.S.C.A. § 1318 are not warranted due to lack of entitlement based on a 10-year total disability rating requirement, and because the appellant has not provided evidence showing her husband would have been entitled to such a rating if he had applied for it.,Nonservice-connected death pension benefits are denied as the veteran's service before July 1, 1946, in the Philippine Army does not meet the criteria for eligibility.

The veteran's claim for waiver of recovery of an overpayment of pension benefits was denied due to his bad faith in not reporting his Social Security income, which resulted in the creation of the overpayment.

The Board's decision is dismissed due to lack of jurisdiction.

The Board has reopened the veteran's claim of service connection for a stomach disorder, including a duodenal ulcer, and finds that it is presumed to have been incurred during service.

The Board of Veterans' Appeals has determined that the appellant lacks qualifying service in the United States Armed Forces and is thus not eligible for an award of VA benefits.

The veteran's service did not qualify him for nonservice-connected pension benefits as he did not serve during a period of war.

The veteran's parents are denied VA DIC benefits due to their income exceeding the maximum limit for such benefits.

The case is remanded due to the need for a VA examination and additional development under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request for waiver of recovery of an overpayment of $9,438 on the basis that recovery would not be against equity and good conscience.

The Board has determined that the case requires additional development due to changes in the law and the need for a medical opinion regarding the relationship between the veteran's pre-service right foot disorder, in-service treatment, and current right foot pathology.

The Board denied restoration of a 20 percent disability evaluation for duodenal ulcer due to lack of objective findings and mild symptoms.

The Board found that the veteran's actions in taking courses he knew were not approved for payment by VA did not constitute fraud, misrepresentation, bad faith, or lack of good faith. However, it was determined that recovery of the overpayment would not be contrary to equity and good conscience.

The Board has determined that the veteran's right pneumothorax sustained in service is not related to his current respiratory symptoms, and thus a compensable rating cannot be granted.

The Board denied service connection for peripheral vascular disease and a skin condition of the arms as they were not incurred or aggravated by service, nor may it be presumed to have been so incurred due to exposure to herbicide agents in service.

The Board denied the veteran's claim for an earlier effective date for payment of VA pension benefits, finding that no legal basis existed to assign such a date. The decision stated that pension benefits could not be made until the veteran provided necessary income information.

The Board found that the veteran's claims for increased ratings and service connection were denied as there was insufficient evidence to support the claims, particularly regarding current residuals of pneumonia and malaria.

The veteran's service-connected postoperative duodenal ulcer is considered, but the RO needs to reassess his ability to work due to this condition and other nonservice-connected disabilities. The case is being remanded for further development.