Other conditions decisions — 2001

The VA determined that there was no clear and unmistakable error in the October 1996 award of DIC benefits to the appellant as the veteran's surviving spouse, leading to its termination.

The veteran's claim for an increased evaluation for his service-connected bilateral chronic, suppurative pyelonephritis is being remanded due to the need for additional development and adjudication.

The Board has denied the appellant's claims for increased ratings and a total rating based on individual unemployability.

The Board has granted service connection for duodenitis and chronic fatigue due to undiagnosed illness, finding that these conditions are related to the veteran's service-connected PTSD. The liver disorder issue is remanded for further development.

The veteran's claim for service connection for a pulmonary disorder secondary to asbestos exposure is granted, with an effective date of February 7, 1995.

The Board is remanding the case to the RO for further action, including obtaining missing documents and ensuring all notification and development actions required by the VCAA are completed. The claim will be readjudicated with consideration of whether new and material evidence has been submitted.

The Board found that the overpayment of $246.00 for April and May 1997 was not properly created due to administrative error, but denied the waiver request as recovery would be against equity and good conscience.

The Board found no evidence of ependymoma during or until many years following active service, and thus denied the claim for service connection.

The veteran's appeal for service connection for recurrent squamous cell carcinoma of the oropharynx/right tonsil has been dismissed due to his death.

The veteran's appeal regarding the denial of payment or reimbursement for unauthorized medical expenses incurred during hospitalization at Oakhill Hospital is being remanded due to scheduling issues.

The Board dismissed the appeal because the veteran's substantive appeal was not timely filed with respect to his claim for an increased evaluation for right hallux limitus.

The Board found that the appellant did not meet the eligibility requirements for Chapter 30 educational benefits due to his prior service at a service academy after December 31, 1976. The appeal is denied.

The Board denied an increased evaluation for acute and chronic peptic ulcer disease, finding that the condition did not result in anemia, weight loss, or recurrent incapacitating episodes averaging 10 days or more in duration at least four or more times per year. The veteran's disability is currently rated as 20 percent disabling.

The Board denied the veteran's claim for an effective date prior to September 29, 1997, for service connection and special monthly compensation due to his postoperative residuals of cancer of the larynx. The claims were filed after the effective date of a liberalizing regulation adding respiratory cancers, including laryngeal cancer, to presumptive diseases associated with exposure to herbicides like Agent Orange.

The Board has denied the veteran's claim for service connection for residuals of a jaw fracture, finding no evidence of current disability related to any presumed jaw fracture and noting that there is no documentation of such an injury in his service records.

The Board denied the veteran's request for a waiver of recovery of vendee loan indebtedness in the amount of $11,190.37 plus interest due to fault on his part and that repayment would not result in undue financial hardship.

The veteran's claim for service connection for rheumatic fever was denied, and the issue of whether new and material evidence has been presented to reopen a claim of entitlement to service connection for cardiovascular disease is pending.

The veteran was granted an earlier effective date of November 12, 1993 for a 40 percent rating for his left peroneal nerve injury due to overcompensating for the service-connected impairment in his left knee.

The Board has denied a higher rating for the veteran's service-connected residuals of a fracture of the mandible, finding that the disability does not warrant a rating higher than 20 percent.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, as it does not result in depriving the veteran of basic necessities or nullify the objective for which the benefits were intended. The veteran's failure to report his receipt of Social Security benefits led to the creation of the overpayment.