Other conditions decisions — 2001

The veteran's death was not due to a service-connected condition, and the hospitalization did not meet the criteria for payment of unauthorized medical expenses.

The veteran's appeal for outpatient fee basis treatment was dismissed due to his death.

The Board has ordered a remand to the RO for an audit of the appellant's DEA account, explaining the creation and basis of overpayments. The claims are now pending again with instructions for further action.

The Board found that the veteran's income exceeded the maximum annual pension rate (MAPR) for all periods during the appeal, thus denying his claim for nonservice-connected pension benefits.

The veteran died in 1982 from Hodgkin's Disease, which was added to the list of presumptive disabilities due to Agent Orange exposure on February 3, 1994. The RO granted dependency and indemnity compensation benefits effective June 14, 1998, based on the facts that the claim was not received until June 14, 1999.

The veteran's claim for an increased evaluation for malaria is being remanded due to the need for further examination and development of his medical records.

The RO reduced the rating for right great toe hallux valgus from 10 percent to noncompensably disabling based on a recent VA examination that found no functional impairment warranting compensation.

The veteran's request for waiver of an overpayment of pension benefits in the amount of $4,907 was timely submitted within 180 days of his actual receipt of notification.

The Board has determined that R. A. S., the veteran's great niece, cannot be recognized as his adopted child for VA purposes due to her continued custody by her natural parents.

The Board found that the veteran was at fault in creating the overpayment and that recovery would not be against equity and good conscience. The decision denied the waiver of the overpayment.

The veteran's request for an earlier effective date for a temporary total evaluation based on convalescence is denied as he did not meet the requirement of immobilization by cast.

The veteran's claim for an increased evaluation for his service-connected spondylolisthesis with spondylolysis, L5-S1 is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Code 5293.

The Board has granted a waiver of recovery for the veteran's loan guaranty indebtedness in the amount of $8,734.13 plus interest.

The Board has found that new and material evidence has been submitted, allowing the veteran's claim for service connection for postoperative residuals of heart surgery to be reopened. The case will now proceed with a de novo review.

The Board has determined that the veteran's bilateral defective hearing does not meet the criteria for a compensable evaluation, and thus denied his claim.

The Board has granted a compensable rating of 10% for the veteran's service-connected extraction of tooth number 17 with residual mandibular nerve paresthesia, finding that the disability is comparable to moderate incomplete paralysis.

The Board found no evidence of a chronic disability in service and concluded that the veteran's current back pain is not related to his military service.

The veteran's claim is being remanded due to a scheduling issue for a hearing before the Board of Veterans' Appeals.

The Board has granted the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $3,383. The decision is based on the appellant's limited education, age, and health problems, as well as her financial hardship.

The Board denied service connection for fatigue and nausea, finding that these conditions did not have their onset in or are otherwise related to the veteran's military service.