Other conditions decisions — 2001

The Board denied the appellant's claim for apportionment of her spouse's benefits due to hardship not being shown, and undue hardship resulting from special apportionment would cause to the veteran and his children.

The Board granted a 10 percent disability rating for bilateral calcaneal heel spurs effective from May 4, 2001. The veteran's symptoms included moderate constant pain with prolonged walking or standing and some swelling and stiffness.

The Board has determined that the veteran's claims for increased evaluations of his left knee, hip and femur, and tibia and fibula disabilities are denied as there is no evidence showing more than slight impairment in motion or instability.

The Board denied the veteran's petitions to reopen his claims for service connection for skin and bilateral foot disabilities, finding that no new and material evidence had been submitted.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death is granted, as the evidence shows that his service-connected residuals of polio contributed to his death by a crush injury. The disability was not solely caused by another condition or event.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for claimed residuals from a head injury. The veteran's representative is also making an additional claim regarding 'clear and unmistakable' error in a March 1982 rating decision, which is referred to the RO for further action.

The veteran's appeal was denied as the RO found that he had not been determined unable to secure or follow a substantially gainful occupation due to service-connected disabilities. The case is being remanded for further development and consideration.

The veteran's organic brain syndrome is not productive of the required occupational and social impairment for a higher rating.

The VA granted an increased evaluation of 40 percent for causalgia of the right hand effective September 23, 1997.

The Board has determined that the veteran's service connection claim for residuals of dental trauma involving teeth numbered 7 through 10 is granted.

The veteran's appeal for an earlier effective date for a permanent and total disability rating for pension purposes is denied. The effective date remains June 22, 1990.

The veteran's overpayment of improved pension benefits was denied because his intentional failure to report his income resulted in a loss to the government, which constitutes bad faith under VA regulations.

The Board denied the veteran's request for a waiver of overpayment of VA disability compensation benefits in the amount of $3,366.77 due to his fault in creating the debt by failing to report his incarceration to the VA.

The Board of Veterans' Appeals has denied the veteran's claims for increased evaluations for his service-connected right hand disabilities and a 10 percent evaluation under 38 C.F.R. § 3.324.

The Board has jurisdiction to consider the issue of entitlement to an increased rating for TMJ dysfunction, as a timely substantive appeal was filed.

The veteran's appeal of the April 12, 1999 decision granting educational assistance benefits was not timely filed, resulting in the decision becoming final.

The VA has granted a 10 percent disability evaluation for the service-connected peri-anal fistula from June 9, 2000 to February 22, 2001.

The Board found that the appellant misrepresented her unearned income to VA, resulting in an overpayment of pension benefits. The actions represent bad faith and preclude a grant of waiver of recovery.

The VA denied an increased rating for the veteran's back condition, finding that it did not meet the criteria for a higher evaluation.

The RO reduced the veteran's evaluation for his service-connected psychoneurosis from 50 percent to 30 percent effective December 2, 1947.,In November 1950, the RO further reduced the veteran's anxiety reaction rating from 30 percent to 10 percent.