Other conditions decisions — 2001

The Board denied the veteran's claim for service connection for an eye disorder, finding no new and material evidence to reopen the previously denied claim.

The Board denied the veteran's claim for an initial evaluation higher than 10 percent for residuals of head trauma, finding that his disability was mildly disabling and adequately reflected by the current 10 percent rating.

The veteran's claim of service connection for atrial fibrillation is being remanded due to the need for additional development and compliance with new VCAA requirements.

The Board has denied the appellant's claim for an evaluation in excess of zero percent for residuals of a fracture of the right distal fifth metacarpal (major).

The veteran's spouse is seeking an earlier effective date for service connection, but the Board finds that she does not have legal standing to file this claim as her husband had no pending claims at the time of his death.

The Board denied the appellant's claim for waiver of recovery of an overpayment of death pension benefits due to a failure to timely file her request, as she filed it more than 180 days after receiving notification of the overpayment.

The Board denied the appellant's claim for an earlier effective date of November 1, 1998, for reinstated DIC benefits due to her second marriage being terminated by legal proceedings commenced in early 1995, which was not prior to November 1, 1990.

The Board of Veterans' Appeals denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to complications from a September 1997 to December 1997 VA hospitalization, including vocal cord impairment, pulmonary function impairment, brain cell damage, Staphylococcus infection, bowel condition, and loss of muscle tone in the lower extremities.

The Board found that the veteran's duodenal ulcer does not meet the criteria for a higher disability rating, as there is no evidence of anemia, weight loss, or episodes of ulcer flare-ups where the veteran is rendered incapacitated. The currently-assigned 10 percent disability rating most accurately reflects his level of impairment.

The Board denied the veteran's spouse's request for a waiver of recovery of an overpayment of VA death pension benefits, finding that the appellant was at fault in not reporting her Social Security income and thus caused the debt. The decision also noted that repayment would not result in undue financial hardship.

The Board of Veterans' Appeals (BVA) has determined that the veteran's left elbow disability, which includes a pre-existing fracture from 1954 and current deformity, was not incurred or aggravated by active service. The BVA found clear and unmistakable evidence indicating that the increase in severity during service was due to the natural progress of the condition.

The Board has remanded the case for further development and consideration of whether new and material evidence has been submitted to reopen a claim for service connection on a secondary basis for bilateral eye disability.

The veteran's right hip disability was rated at 70 percent prior to March 25, 1993. For the period from June 1, 1994, through March 25, 1995, and from August 1, 1995, through May 4, 2000, he was granted a 90 percent rating for his post-operative residuals of right hip disability. For the period prior to January 30, 1994, and from April 1, 1995, through March 31, 1995, he received a 70 percent rating for his left hip disability.

The VA denied reimbursement for unauthorized medical expenses incurred during the veteran's hospitalization at a private facility due to lack of a medical emergency and the availability of VA facilities.

The VA RO denied the veteran's claim for a compensable evaluation for service-connected uveitis.

The Board has granted a 20 percent evaluation for the veteran's residuals of gunshot wound to the left hand, including degenerative changes. The current rating is in line with the severity of his condition as determined by recent VA examinations.

The Board has determined that the overpayment of pension benefits was not due to fraud, misrepresentation or bad faith. The Board also found that repayment would cause undue financial hardship and thus granted a waiver of recovery.

The Board has determined that recovery of the overpayment was not contrary to equity and good conscience, thus granting the waiver of recovery.

The veteran's claim for waiver of recovery of loan guaranty debt in the original amount of $25,735, plus interest was dismissed because he failed to respond to requests for information and evidence necessary to make a decision on the merits of his appeal.

The Board has determined that the appellant incurred additional disability involving left radial nerve palsy resulting from treatment during VA hospitalization in August 1993, which was not knowingly consented to by the appellant as a certain or nearly certain risk or complication of VA treatment and did not represent natural progression of a disease or injury unrelated to the VA's treatment.