Other conditions decisions — 2001

The Board denied the appellant's claim for basic eligibility for VA benefits due to her deceased spouse not having valid military service in the Armed Forces of the United States.

The veteran's claim for an increased rating for his service-connected lichen planus is being remanded due to the need for a local hearing and compliance with the Veterans Claims Assistance Act of 2000.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her spouse had no valid military service on which to base eligibility.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that her application was received more than a year after her husband's death and did not constitute an informal claim for benefits.

The Board has determined that the veteran's service-connected disabilities, particularly his loss of use of his right hand and disfigurement of his left ear, prevent him from securing and following substantially gainful employment. Therefore, a total disability rating for compensation purposes based on individual unemployability is granted.

The Board has denied the veteran's claims for service connection for gastrointestinal and genitourinary disorders, as well as his requests for increased evaluations for L4-L5 lumbar disc herniation with radiculopathy and residuals of a left wrist fracture.

The Board has determined that the veteran's claims for increased evaluations and earlier effective dates are denied as there is no factual basis to support the requested changes in evaluation.

The Board has granted a 40 percent disability rating for the veteran's service-connected residuals of surgery for peptic ulcer disease and subtotal gastrectomy, effective from the date of the original claim.

The Board denied the appellant's claim for VA death benefits as her deceased spouse did not have recognized service that would qualify him for such benefits.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of service as a member of the United States Armed Forces, including the Philippine Commonwealth Army.

The Board found that the veteran's service-connected back disability, manifested by constant low back pain and intermittent interscapular area pain, did not meet the criteria for a rating evaluation in excess of 10 percent.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a left eye disorder. The veteran's current dry eye condition is found to be related to his active military service.

The Board has determined that the appellant submitted a timely request for an extension of time to file a substantive appeal regarding her claim for service connection for the cause of the veteran's death. As a result, she is entitled to an additional 60 days in which to file such an appeal.

The Board determined that the appellant did not meet the criteria to be recognized as the veteran's surviving spouse for purposes of entitlement to Dependency and Indemnity Compensation (DIC) benefits.

The Board has determined that recovery of the overpayment of $10,360 in improved pension benefits would not be against equity and good conscience due to the veteran's failure to report his receipt of Social Security income.

The Board found that a timely notice of disagreement (NOD) was not submitted in response to the denial of pension benefits on May 3, 1995.

The Board denied the veteran's claim for an earlier effective date for his nonservice-connected disability pension benefits, finding that no evidence supported a date earlier than June 22, 1997.

The Board has reopened the claim for service connection for the cause of death due to inactive mitral rheumatic valvulitis, but finds that there is no evidence linking this condition to military service.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of qualifying service. The appellant did not serve in the active military, naval or air service of the United States.

The Board found that the debt was properly created but waived part of it, specifically the amount resulting from benefits based on marriage between December [redacted], 1994 and October [redacted], 1995.