Other conditions decisions — 2001

The Board has determined that recovery of the overpayment would not violate equity and good conscience, as the appellant is shown to be at fault in creating the overpayment due to her failure to report income. The Board finds no evidence of bad faith on her part but concludes she has a very high degree of fault.

The Board has determined that the veteran's residuals of a gunshot wound to the left hand, primarily manifested by arthritis and marked limitation of motion, do not warrant an evaluation in excess of 20 percent.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disability is remanded as the VA examinations did not address the effect of his service-connected subtotal gastric resection on his ability to work. Additional development, including obtaining medical records and scheduling an examination, is required.

The veteran's death was unrelated to his military service, and he had a total disability rating for more than five years prior to his death. The appellant is seeking an earlier effective date for DIC benefits based on her original application in 1981, but the Board found that no decision regarding her entitlement was made by VA at that time, and she did not resubmit her completed application within one year of its return. Therefore, the earliest possible effective date for DIC benefits is August 1, 1998.

The veteran's claim for service connection for squamous cell carcinoma of the left true vocal cord was received on July 20, 1998. Since no claim was submitted within one year of discharge from service and there is no legal basis for an earlier effective date, the appeal is denied.

The veteran's appeal for nonservice-connected pension benefits is denied because he did not meet the requirements of having 90 days of active service during a period of war and was separated from service due to an emotional instability reaction, which is not service-connected.

The Board has granted service connection for the veteran's disc herniation, L5-S1, as secondary to his service-connected PTSD.

The VA denied the appellant's claim for death pension benefits because her countable income exceeded the maximum allowable limit.

The Board has determined that the July 1947 rating decision severing service connection for the veteran's thoracic spine disorder was clearly and unmistakably erroneous, thus restoring service connection.

The Board has determined that the veteran's right eye disability, diagnosed as a subfoveal lesion of the right eye resulting in diminished vision, was first detected during service and is considered to be incurred due to military service. As such, the claim for service connection is granted.

The VA determined that the appellant is no longer entitled to be recognized as the veteran's surviving spouse, effective January 1, 1959.

The veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, verifying employment information, and scheduling a VA examination to assess his service-connected disabilities' impact on his ability to work.

The veteran's claim for an increased evaluation of his service-connected psychophysiological musculoskeletal reaction is being remanded due to the need for additional development, including VA examinations and consideration of new criteria for mental disorders.

The Board has determined that the case must be remanded for compliance with new legal requirements, including informing the appellant of the type of evidence necessary to maintain her claim and providing adequate reasons and bases for its determinations.

The Board of Veterans' Appeals has determined that the appellant is competent for VA purposes, reversing the previous determination by the Regional Office.

The VA has granted a 10% rating for the veteran's residuals of pelvic fractures, finding no additional functional impairment beyond tenderness to palpation.

The veteran's service is recognized but not considered active military for VA pension purposes, making him ineligible for these benefits.

The Board has ordered additional development to determine if the veteran served in Vietnam and whether his throat cancer is related to herbicide exposure.

The Board has remanded the case for further development and readjudication, including determining when PTSD was first manifest and assigning an appropriate disability rating.

The veteran's service-connected trench feet have been rated as 10 percent disabling since August 13, 1998. The Board found that the criteria for a higher evaluation were not met prior to this date.