Other conditions decisions — 2001

The Board denied the appellant's request for waiver of overpayment of death pension benefits because it was not timely filed within the 180-day period.

The Board denied the veteran's request to reopen his claim for service connection for a right leg disorder due to lack of new and material evidence, despite multiple attempts by VA to obtain relevant medical records.

The veteran's claim for an earlier effective date of September 2, 1992 for the grant of service connection for a hysterectomy was denied.

The Board denied the appellant's claims for service connection for disabilities resulting from Agent Orange exposure and residuals of a bacterial infection, finding no competent medical evidence linking these conditions to his military service or any service-connected disability.

The veteran's claim for nonservice-connected pension benefits is denied as he did not serve during a period of war and thus does not meet the eligibility requirements.

The Board has reopened the veteran's claim for service connection for basal cell carcinoma and granted it, finding that the evidence supports a secondary service connection due to treatment for acne vulgaris.

The Board denied the appellant's claim for pension benefits as his service with the Philippine Scouts did not qualify him as a veteran under VA regulations.

The veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred during his hospital stay from June 19, 1998 to July 8, 1998 has been dismissed due to the death of the veteran.

The Board found that the veteran's disability rating for his thoracic spine residuals should remain at 20 percent, as there was no evidence of an unusual disability picture or additional impairment not accounted for by the current rating.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to his failure to report for scheduled VA examinations without good cause.

The Board found that the reduction in the evaluation for the veteran's pilonidal cyst from 10% to noncompensable was proper, and denied service connection for defective vision. The appeal is denied.

The Board has denied a compensable evaluation for service-connected genital herpes, finding no active manifestations of the condition or functional impairment.

The appellant's claim for basic eligibility for nonservice-connected pension benefits is denied as the service department has determined that he had no service as a member of the Army of the United States.

The veteran's service-connected chronic exertional compartment syndrome of the left and right legs have been evaluated as noncompensable. The Board found that a separate 10 percent evaluation is warranted for each leg, based on pain with exertion.

The Board found that the veteran's failure to promptly notify VA of his income change did not constitute bad faith, and thus waived recovery of the overpayment. The decision also noted the veteran's age, health, education, employment history, and uses for the bank account.

The Board has determined that the appellant's overpayment of Chapter 31 vocational rehabilitation benefits is not established, and thus denied his request for a waiver to recover this debt.

The veteran's service-connected status post nerve entrapment of the ilio-inguinal nerve is currently rated at 10 percent, and there is no evidence to support a higher rating or additional benefits.

The veteran's claim for a rating in excess of 10 percent for his service-connected spondylolisthesis, L5-S1, with spina bifida and limitation of motion was denied by the RO.

The Board of Veterans' Appeals has determined that the appellant can be recognized as the veteran's surviving spouse for VA death pension benefits, given her income is below the statutory ceiling.

The veteran's service-connected post-gastrectomy syndrome has worsened, and the RO is instructed to obtain updated medical records and schedule a VA examination to determine if an increased rating is warranted.