Other conditions decisions — 2001

The Board denied the veteran's claim for basic eligibility to receive educational assistance benefits under Chapter 30, Title 38, United States Code due to her discharge being voluntary and not for hardship or convenience of the government.

The veteran seeks an earlier effective date for the grant of special monthly pension (SMP) at the housebound rate, which was granted based on a stroke with hemiparesis. The RO is instructed to obtain additional medical records and determine if there are any new or material evidence that could affect the effective date.

The Board has determined that the veteran's arthritis of multiple joints was incurred in service and grants service connection for this condition.

The Board denied an earlier effective date for service connection of a collapsed arch of the left foot, finding that no entitlement to such benefits arose prior to March 14, 2000.

The Board has granted a waiver of recovery of an overpayment of VA pension benefits in the amount of $900, finding that recovery would be against equity and good conscience.

The Board found that the cause of the veteran's death, testicular cancer, was not service-connected and denied the claim.

The VA determined that there is no evidence of Lyme Disease or its residuals, and thus denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's service-connected residuals of fracture of the orbital floor, left eye with diplopia and enophthalmos are currently rated appropriately at 30 percent for both conditions.

The Board denied the veteran's request for waiver of overpayment because it was not filed within 180 days of notification, despite his claims of being transferred and having mail misrouted.

The veteran's overpayment of VA special monthly pension benefits was denied due to bad faith in not reporting his spouse's income.

The Board has determined that the veteran's service-connected right radial nerve injury warrants a 70 percent rating, reflecting significant impairment in function of the right upper extremity.

The Board found no current evidence of a neck disorder and denied the veteran's claim for service connection.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to his failure to report for a VA examination without showing good cause.

The veteran's claim for payment of unauthorized medical expenses incurred at a private hospital is denied as the treatment was not for a service-connected condition and no other provisions allow for such reimbursement.

The Board found that the veteran's residuals of a fracture of L2 and L3 are manifested by no more than slight impairment, thus denying an increased rating.

The Board has determined that an increased evaluation for the veteran's service-connected fracture of the right fifth finger is denied as there is no evidence of ankylosis or functional impairment warranting a higher rating.

The Board of Veterans' Appeals has determined that the claimant may be recognized as the veteran's surviving spouse for VA purposes based on their common-law marriage and continuous cohabitation prior to the veteran's death.

The veteran's HIV-related illness currently manifests intermittent diarrhea, but does not meet the criteria for a higher rating as his symptoms do not include refractory constitutional symptoms or pathological weight loss.

The Board has granted service connection for right calf strain and a noncompensable evaluation for left foot strain. The veteran's claim for an increased evaluation for the left foot strain is denied.

The appellant is not entitled to recognition as the veteran's surviving spouse for the purposes of reinstating VA nonservice-connected death pension benefits due to her disqualifying relationship with G.G. being terminated prior to November 1, 1990.