Other conditions decisions — 2001

The Board has determined that the veteran's dental trauma to teeth numbered 10 and 11 is secondary to his service-connected teeth, and benefits are granted for this condition.

The Board has granted a 20 percent evaluation for the veteran's residuals of an injury to the heel of his right foot, finding that the disability is moderately severe in degree and does not meet criteria for higher ratings.

The veteran is seeking service connection for dysthymic disorder and panic attacks. The Board has determined that additional development is required due to changes in the law.

The veteran died in June [redacted], 1992, due to complications of Human Immuno Deficiency Virus (HIV). The appellant did not file a claim for DIC until January 2000. Therefore, the effective date for DIC benefits is denied as it cannot be earlier than February 1, 2000.

The veteran's request for waiver of recovery of overpayment of improved disability pension benefits was not timely filed, and the appeal is denied.

The Board of Veterans' Appeals has determined that the claimant's discharge from active service was under other than honorable conditions, and therefore denies entitlement to veterans benefits.

The veteran had more than 90 days of active military service during World War II and was service-connected for a dental disability. The appellant's death pension benefits were initially denied due to her income exceeding the limit set by law, but she did not claim any medical expenses as a deduction from her income. The case is remanded for clarification on the nature of the income received from Social Security Administration and People Inc.

The Board granted a 10 percent rating for PMLE prior to January 8, 1993 based on the effective date of service connection being protected due to the veteran's long-term status of service connection.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in connection with private hospital treatment from May 15 to 19, 2000 is denied as the conditions were nonservice-connected.

The Board denied the veteran's claims for increased ratings for varicose veins of the left leg and gunshot wound to the lower left calf, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the appellant's request for a waiver of recovery of an overpayment in the amount of $11,302 due to her failure to file within the applicable time limit. The Board also determined that the debt was properly created.

The veteran's apportionment of VA compensation benefits is increased to $500 per month, with half allocated to the appellant and half to her son.

The Board has determined that the veteran does not have current residuals of a right hand injury and therefore denied his claim for service connection.

The Board found that the veteran's right upper extremity disability did not result from VA medical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's death was caused by cardiorespiratory arrest and acute myocardial infarction, or small bowel obstruction with a band and distal necrosis at the ileal band with proximal jejunal perforation. The Board finds that these conditions were not incurred in or aggravated by military service.

The Board has determined that the veteran's actions did not constitute fraud, misrepresentation of a material fact, bad faith, or lack of good faith. The debt is therefore granted as it would be contrary to equity and good conscience to recover the appellant's debt in the amount of $1,187.44.

The Board denied the appellant's claim for recognition as a veteran for VA benefits purposes due to lack of service in the United States Armed Forces, including service with the Philippine Commonwealth Army or recognized guerrillas.

The Board found that the appellant's deceased husband did not have qualifying service with the U.S. Armed Forces, and thus denied her claim for basic eligibility for VA benefits.

The Board denied the appellant's claim that her husband was entitled to recognition as a former prisoner-of-war (POW) for VA purposes due to lack of evidence supporting this status.

The veteran's initial 10% rating for panic disorder from January 1, 1993 through July 12, 1999 is upheld. However, the 50% rating assigned since July 13, 1999 is denied as it does not meet the criteria for such a high rating.