Other conditions decisions — 2001

The Board found that the overpayment was properly created and calculated, but granted a partial waiver of $4,000.00, leaving an overpayment balance of $2,538.00 to be repaid. The veteran's request for a full waiver due to lack of fault and financial hardship was denied.

The Board denied the appellant's claim as the veteran's surviving spouse, finding that she was not lawfully married to him at the time of his death and thus did not meet the legal requirements for recognition as such.

The Board has determined that the appellant does not have valid military service for eligibility to VA benefits and therefore denied their claim.

The veteran incurred unauthorized medical expenses at Wuesthoff Memorial Hospital due to endocarditis, a nonservice-connected disorder. The VA facility was feasibly available and treatment had not been refused.

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking his fatal cancer with his military service, including alleged Agent Orange exposure.

The Board has determined that the veteran's current cervical spine condition is not related to his service or any incident therein, and therefore, denied his claim for service connection.

The Board has ordered the case to be remanded due to a need for additional development of evidence, including obtaining VA treatment records and reviewing a file review conducted by the Psychiatry Service at West Haven facility. The veteran's cause of death is attributed to acute mixed drug intoxication.

The Board has denied the veteran's claim for service connection for a chronic acquired skin disorder, including as secondary to Agent Orange exposure. The case is being remanded for further development and consideration.

The Board has determined that the veteran's claim for increased evaluations for residuals of Caesarian sections was denied as there is no evidence to support an evaluation in excess of 10 percent from August 1, 1995 to June 20, 1996 and no compensable evaluation on or after June 21, 1996.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC benefits, finding she was not legally entitled to VA death pension benefits as the surviving spouse due to her subsisting marital status.

The Board denied the appellant's claim to reopen her previously denied claim of basic eligibility for VA benefits, finding that the submitted evidence was not new and material.

The Board found that the appellant did not have qualifying active military service and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits.

The Board found that the veteran's preexisting peptic ulcer disease did not worsen during her active service and denied both her claim for service connection for peptic ulcer disease and her request for an increased rating for lumbar strain with coccydynia and right hip pain.

The Board found that the overpayment of $4,083.00 was validly created due to the appellant's failure to report her income and remarriage. The decision also noted that recovery would not be against equity and good conscience.

The veteran's claim for a higher evaluation for his service-connected residuals of a gunshot wound to the right arm and back has been granted, but no specific rating was assigned.

The VA failed to provide timely treatment for the veteran's stroke, resulting in additional disability. The Board finds that compensation is warranted under 38 U.S.C.A. § 1151.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits due to a lack of new and material evidence, as no changes were made in prior negative certifications regarding his service.

The Board has granted a 20 percent evaluation for the veteran's service-connected recurrent back pain with scoliosis and history of hip and leg involvement as of July 3, 2001. The previous 10 percent evaluation remains unchanged.

The Board denied the veteran's claims for service connection for basal cell carcinoma and timeliness of an appeal for a higher initial rating for residuals of a partial gastrectomy with dumping syndrome. The denial was based on the lack of evidence linking the cancer to radiation exposure in service, and the failure to timely file an appeal for the initial rating.

The Board has determined that the veteran's claims for increased ratings for his inguinal hernia scars and hernias are denied as there is no evidence of any impairment or functional loss due to the scars, and the right hernia is well supported by a truss.