Other conditions decisions — 2001

The VA denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $6,146 because it was not timely filed.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service.

The Board denied the veteran's request to reopen his claim of service connection for colitis and also denied his request for an increased rating for his incompetent anal sphincter.

The Board denied the appellant's request for an effective date prior to October 1, 1998, for her award of service connection for the cause of the veteran's death.

The veteran's appeal is denied as he does not meet the requirements for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board has granted a 40 percent rating for the veteran's service-connected back disability, effective from the date of this decision.

The veteran's appeal is denied as he did not meet the legal criteria for reimbursement or payment of unauthorized private medical expenses under 38 U.S.C.A. § 1728.

The Board found that the veteran's suicide was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The Board found that the veteran's failure to report his spouse's income accurately resulted in an overpayment of improved pension benefits. The Committee on Waivers and Compromises (Committee) determined that recovery would not violate principles of equity and good conscience, as the fault lay solely with the veteran.

The Board has dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The appellant does not have loss of use of her right leg, and therefore, she is not eligible for a certificate of eligibility for financial assistance in the purchase an automobile or other adaptive equipment or conveyance.

The Board has granted the veteran's claims of service connection for residuals of laryngeal cancer and nicotine dependence, finding that these conditions are related to tobacco use during active service.

The VA denied an evaluation in excess of 10 percent for the veteran's service-connected surgery residuals of the right middle finger, as his symptoms do not warrant a higher rating based on limitation of motion.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for treatment at a VA Medical Center in Iowa in 1966, which resulted in his current spinal cord injury residuals. The RO denied the claim as it was not well grounded due to lack of review of the veteran's 1966 treatment records.

The veteran's service-connected right lower extremity weakness is rated at 40 percent, and his right upper extremity weakness is also rated at 40 percent. The veteran is granted SMC for need of regular aid and attendance but not for housebound status.

The Board denied the veteran's claims for reopening his lung disability claim and service connection for nicotine dependence due to lack of new and material evidence, and because the law bars such claims after June 9, 1998.

The veteran's claim for service connection for chronic lymphocytic leukemia was denied as there is no medical evidence linking the condition to his military service or a blood transfusion he received in 1974.

The Board denied the veteran's claim for service connection for a gastrointestinal disorder manifested by nausea and vomiting, claimed as diverticulitis. The decision found that there was no medical evidence linking any current gastrointestinal disorder to the veteran's military service.

The Board has determined that the veteran's service-connected residuals of shell fragment wounds to his right hand and left lower leg do not warrant a compensable rating, while he is entitled to a 40 percent disability rating for his service-connected residuals of a shell fragment wound (SFW) of muscle group XVII in his right lower back.

The Board has determined that the veteran's skin disability of the feet is service-connected, with no need for a presumption or secondary basis. The VA examiner opined that the current condition is related to his active duty in Vietnam and subsequent treatment.