Other conditions decisions — 2001

The Board denied both claims of entitlement to service connection for residuals of a concussion and a bilateral eye disorder, finding that the evidence did not support these claims.

The Board has ordered the RO to obtain all available records from SSA and schedule a VA examination for the appellant. The case will be readjudicated after these actions are completed.

The Board finds that the veteran's thoracic spine disability was not incurred during military service and denies his claim for service connection.

The veteran's appeal for service connection for bilateral congenital hydronephrosis secondary to ureteropelvic junction stricture has been dismissed due to the death of the veteran.

The Board has denied the veteran's claims for service connection for dizziness and imbalance, secondary to his service-connected otitis media of the left ear, and a compensable rating for his hearing loss. The case is being remanded for additional development.

The veteran's claim for an annual clothing allowance for a prosthesis of the left leg following a below-the-knee amputation has no legal merit and is denied.

The veteran's death was not service-connected, and the appellant did not demonstrate clear and unmistakable error in any prior rating decisions. Therefore, dependency and indemnity compensation under 38 U.S.C.A. § 1318 is denied.

The veteran's claim for an increased rating for his dorsal spine injury is being remanded to the RO for additional development, including obtaining medical records and arranging for a new examination.

The veteran did not timely appeal the reduction of his VA compensation payments, and therefore, his current request for reinstatement is dismissed.

The Board has determined that the appellant is eligible for reinstatement of death benefits as the surviving spouse of her deceased veteran husband, based on the annulment of her remarriage to R. C., which was granted by a Mississippi court and not found to be secured through fraud or collusion.

The veteran's claim for an increased rating and a total disability rating based on individual unemployability due to his service-connected back disorder was denied. The RO found that the veteran's symptoms, while causing significant pain, did not meet criteria warranting higher ratings under applicable diagnostic codes.

The Board of Veterans' Appeals denied the appellant's claim for waiver of recovery of an overpayment in the amount of $4,400 due to her fault in creating the debt and that failure to collect would result in unjust enrichment.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Vincent's Medical Center between February 20, 1999 and February 21, 1999 is denied as he did not meet the criteria for reimbursement under VA regulations.

The Board denied the veteran's application for a waiver of an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience.

The Board has determined that the gross proceeds of the appellant's SBP, including amounts deducted for taxes, must be counted as income for determining eligibility for or amount payable of VA nonservice-connected death pension benefits.

The VA has granted a 10 percent rating for the residuals of a shell fragment wound of the right leg (Muscle Group XI) and has denied any compensable ratings for multiple shell fragment wounds of the left thigh, right buttock, chest, and neck.

The Board of Veterans' Appeals has determined that the appellant's husband had no recognized military service with the Armed Forces of the United States, and therefore, the appellant does not have legal entitlement to basic eligibility for VA death pension benefits.

The veteran's service-connected pituitary tumor and its residuals are not entitled to a rating in excess of the currently assigned ratings.

The veteran's claims for increased ratings for his service-connected varicose veins of the left and right legs were denied as there was no evidence of persistent edema or stasis pigmentation that would warrant a higher rating.

The appellant's military service is not considered active military service for the purpose of nonservice-connected disability pension benefits, and thus their application for such benefits is denied.