Other conditions decisions — 2001

The Board has determined that the appellant does not qualify as a 'veteran' for purposes of VA benefits due to lack of service in the United States Armed Forces, and thus denies basic eligibility for VA benefits.

The veteran's service-connected low back disability, manifested by slight limitation of motion, is rated at a 10 percent rating.

The Board found that the veteran was not at fault in creating the overpayment and that recovery would not cause undue financial hardship. The decision granted a waiver of the overpayment.

The Board has found that the appellant's failure to inform the VA of her receipt of income was not due to fraud, misrepresentation or bad faith. Therefore, waiver of recovery of the overpayment is granted.

The Board has remanded the case due to incomplete development and requests that additional evidence be obtained before a decision can be made on the veteran's claim for service connection for a stomach disorder.

The Board found that the veteran's cause of death was not related to his military service or a service-connected condition, including his left arm deformity.

The VA denied the claim of service connection for chronic phlebitis of the right leg with venous obstruction, finding that it was not incurred or aggravated by active duty and preexisted his periods of service.

The Board denied the veteran's request for a waiver of overpayment of pension benefits, finding that he was at fault in creating the debt and that collection would not result in undue hardship or defeat the purpose of the VA pension program.

The Board has determined that the veteran's status-post surgical removal of a meningioma and right thumb disability were not incurred in or aggravated by active service.

The Board denied the appellant's claim for service connection for postoperative residuals of a left cystic ovary, finding that her preexisting condition did not worsen during service.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that there was no evidence showing a relationship between the veteran's peptic ulcer complaints in-service and his fatal stomach cancer.

The Board denied the veteran's claim for waiver of recovery of an overpayment of disability compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's non-home assets and expenses.

The Board has denied the appellant's claims for service connection for the cause of her spouse's death and nonservice-connected death pension benefits, finding that no new and material evidence was submitted to reopen these previously denied claims.

The veteran's benign fasciculation syndrome is currently rated at 60 percent, and he has been granted a TDIU based on his service-connected disabilities.

The Board has granted service connection for a disorder manifested by pelvic pain, but the rating assigned is 10 percent.

The Board finds that the veteran's heart condition was not misdiagnosed by VA in 1988, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's back disability, characterized by spinal stenosis and degenerative disk disease, does not meet or approximate the criteria for a higher evaluation than the current 20 percent rating.

The Board has granted service connection for gastrointestinal disorder, sleep disorder, fatigue, and otalgia due to an undiagnosed illness presumed to be related to the veteran's service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board denied the veteran's claim for service connection for cause of death due to lack of evidence linking his causes of death (cardiac arrest, subarachnoid hemorrhage, and skull fracture) to his service-connected chronic brain syndrome. The Board found that there was no in-service diagnosis or treatment for these conditions.

The Board granted an effective date of April 3, 2001 for a 100 percent schedular rating for service-connected dysthymic disorder.