Other conditions decisions — 2001

The Board denied the veteran's claims for increased disability rating and TDIU, finding that surgery on his right knee did not necessitate at least one month of convalescence.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no evidence that his current disability resulted from the November 1989 total right hip replacement at a VA facility.

The Board denied the veteran's claim of entitlement to service connection for residuals of a fracture of the coccyx due to lack of medical evidence showing current disability.

The Board found that the veteran's default on a VA guaranteed loan resulted in foreclosure and loss of property security. After considering the fault of the debtor, balancing of faults between the debtor and VA, undue hardship for the appellant, and other factors, the decision was made to waive recovery of the indebtedness.

The Board has ordered additional development to confirm the veteran's claimed stressors and determine if they are sufficient for a diagnosis of PTSD. The case is being remanded back to the RO for further action.

The Board dismissed the appeal because the appellant died before the decision could be issued.

The Board has granted a 20 percent evaluation for the veteran's service-connected residuals of fracture of the right clavicle, which is the maximum schedular rating available under VA regulations.

The Board has granted an extension of the appellant's delimiting date beyond June 24, 1993 for DEA benefits under Chapter 35, Title 38, United States Code due to her physical and mental disability preventing her from pursuing education.

The appellant's deceased spouse had no qualifying service in the Armed Forces of the United States, and therefore is not eligible for VA benefits.

The Board has granted the veteran's claims for service connection for nicotine dependence and cancer of the larynx, finding that these conditions are secondary to nicotine dependency developed during active service.

The Board denied service connection for otitis media as there is no current diagnosis of the condition and the evidence does not support a link to service.

The Board granted a total disability evaluation based on individual unemployability effective from June 14, 1993.

The VA denied the appellant's claim for basic eligibility for VA benefits because her spouse did not have valid military service for purposes of eligibility for VA benefits.

The Board found that the veteran engaged in unfair and deceptive dealings with VA, creating an overpayment. The debt of $9,257 was denied due to a finding of bad faith.

The Board has denied the veteran's claims for service connection for fungal infection of the hands and feet, chronic night pain, residuals of cold injury with frostbite, arthritis of the hands and feet, and Raynaud's phenomenon. The claim for clubbing of the hands was previously denied as not well grounded.

The veteran's countable income was properly calculated for improved disability pension benefits at the aid and attendance rate, resulting in a monthly award of $821.00.

The Board denied the veteran's request for an earlier effective date of April 8, 1997, for special monthly pension based on the need for aid and attendance. The RO found that the veteran did not meet the criteria for entitlement to this benefit prior to April 8, 1997.

The Board denied the appellant's claims for service connection for residuals of an infection of the chest and stomach, as well as his claim for a compensable rating for a chalazion of the left eye. The evidence submitted since the final denial was not considered new and material to reopen the claims.

The veteran's service-connected pulmonary disability was granted, but the evaluation remains at 10 percent.

The Board has determined that the veteran's pre-existing sartorius strain of the right hip was aggravated during service, and thus granted service connection for this condition.