Other conditions decisions — 2001

The veteran's death was due to carcinoma of the rectum with metastasis to the liver, which is not service-connected. The appellant did not meet the requirements for Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board of Veterans' Appeals (Board) denied the veteran's request for an earlier effective date than September 3, 1998 for compensation benefits for his dependent son. The appeal was based on a lack of evidence prior to September 3, 1998 indicating that the veteran desired additional compensation for his dependent son.

The Board has remanded the case due to incomplete medical records and a need for further examination. The veteran's hip pain and abnormal gait are being evaluated in light of his service-connected injuries to his toes.

The veteran's claim for reimbursement of unauthorized medical services rendered on February 23, 1999, and March 1, 1999, is denied because the services were routine and not in a medical emergency. There was no indication that delay would have been hazardous to his health.

The Board denied the appellant's request for waiver of an overpayment of improved disability pension benefits due to his willful failure to disclose his wife's employment income, which constituted bad faith.

The veteran's appeal is being remanded for additional development, including obtaining medical records and determining his exposure to herbicides during service.

The Board denied the veteran's request for waiver of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's incarceration.

The veteran's right knee replacement is productive of disablement which more closely approximates not more than chronic residuals consisting of severe painful motion or weakness, with no additional functional loss due to pain or other pathology. The Board has determined that the criteria for an increased evaluation of 60 percent for a total right knee replacement are met.

The VA determined that the appellant's spouse did not have valid military service in the Armed Forces of the United States, and therefore denied their claim for basic eligibility for VA benefits.

The Board has remanded the case due to a lack of notification regarding appellate rights and the absence of a timely substantive appeal. The veteran's claim for reimbursement of unauthorized medical services is denied.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, and also denied his claim for generalized arthritis. The Board found that there was no evidence of arthritis during service or within one year after discharge.

The Board has ordered the RO to provide copies of post-October 1999 remand adjudicative actions on the issues of benefits pursuant to 38 U.S.C.A. § 1151 for transverse myelitis and a higher level of special monthly compensation, as well as allowing the appellant's attorney to review these documents and submit additional evidence or argument.

The veteran's claim for an increased evaluation for post-operative residuals of a fracture of the left femur was denied as he failed to report for a VA medical examination without good cause.

The Board denied service connection and eligibility for VA outpatient dental treatment for missing teeth numbers 7, 8, and 9 due to the teeth being replaceable by a denture.

The veteran's service-connected left patellofemoral syndrome is currently manifested by no more than slight recurrent subluxation or lateral instability of the left knee, and he is not entitled to a higher disability evaluation.

The Board found that the claimant did not have verified Philippine service for purposes of established eligibility for VA benefits, and therefore denied his claim.

The veteran's death was caused by lung cancer, which the Board found not to be related to his service-connected conditions or exposure to ionizing radiation during service.

The veteran's service was prior to July 1, 1946 and thus does not qualify him for nonservice-connected death pension benefits.

The Board has denied the veteran's claims of entitlement to an initial compensable evaluation for residuals of trauma to the left foot and service connection for varicose veins, finding that there is no evidence associating these conditions with his active duty or service-connected disability.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, as it does not subject the veteran to undue economic hardship.