Other conditions decisions — 2001

The Board denied the veteran's claim for an extension of a temporary total rating based on a period of convalescence beyond March 31, 1991 due to insufficient evidence showing severe postoperative residuals or one month of convalescence.

The Board denied the veteran's request for waiver of overpayment of pension benefits due to a lack of timely submission, despite arguments about delays beyond the appellant's control.

The VA determined that the veteran's service-connected residuals of a shell fragment wound to the right leg do not warrant an evaluation in excess of 20 percent.

The appellant's claim for veterans' benefits is denied as he does not have valid military service in the U.S. Armed Forces.

The Board has granted a 20 percent evaluation for the residuals of fracture of the right thumb, finding that these symptoms meet the criteria for this rating.

The Board found no clear and unmistakable error in the October 22, 1986 rating decision regarding SMC for loss of use of both lower extremities and loss of bladder and bowel control. The veteran is now entitled to SMC at a higher rate based on his condition.

The Board found that the appellant's income for 1994, 1995, and 1996 exceeded the annual income limit for VA death pension benefits and thus her pension benefits were properly terminated.

The Board has determined that the veteran's service-connected bilateral foot disorders, specifically status post surgical resection of the tarsal coalition in both feet, warrant a 10 percent evaluation each. The current evaluations are appropriate given the clinical evidence showing moderate impairment.

The Board has determined that a 10 percent evaluation is warranted for the service-connected synovitis and degenerative joint disease of the left knee.

The veteran's bilateral varicose veins prior to January 12, 1998 were manifested by mild superficial varicose veins of both lower extremities.,After January 12, 1998, the veteran's right and left lower extremity varicose vein disabilities have been manifested by saphenous varicosities with no large vessel involvement.

The Board denied the veteran's request for a waiver of recovery of the loan guaranty indebtedness in the amount of $17,956.00, plus accrued interest due to fault on the part of the veteran and lack of undue hardship.

The veteran's eligibility for educational assistance benefits under Chapter 1606, Title 10 of the United States Code was denied due to his involuntary separation from the Selected Reserve under adverse conditions.

The Board denied the veteran's claims of service connection for a left ear infection, bilateral foot fungus, rash on the arms, and sinus disability due to lack of new and material evidence.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess his cardiovascular, musculoskeletal, gastrointestinal, and other conditions.

The Board denied the veteran's claims of service connection for right and left eye disorders, finding that there was no evidence linking his current conditions to service or any events during service.

The Board denied the veteran's claims for service connection for a cyst on the left side of his head, hernia, and polyp due to the lack of current disability evidence.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a back injury, which was previously denied in June 1984.

The Board is required to consider whether new and material evidence has been submitted to reopen the claim for nonservice-connected death pension benefits. The appellant's claim will be considered on a basis different from that of the RO due to potential denial of due process.

The Board denied the appellant's claim for pension benefits as he did not have the required service to qualify.

The Board has reopened the veteran's claim for service connection for otitis media of the right ear and finds that new and material evidence has been submitted. The claim is now considered on its merits.