Other conditions decisions — 2001

The Board found that the veteran's failure to report accurately his expected medical expenses for 1999 resulted in an overpayment of $945. The Committee denied his request for waiver of this overpayment, finding fault on the part of the veteran and no undue financial hardship.

The VA denied the veteran's claim for service connection for residuals of a back injury, citing insufficient evidence to establish a link between his current disability and his military service.

The Board denied the appellant's claim of eligibility for VA non-service-connected disability pension benefits, finding that new and material evidence had not been submitted to reopen the claim.

The veteran's request for waiver of recovery of loan guaranty indebtedness in the original calculated amount of $27,800.00 plus interest was denied because it was not timely filed.

The Board denied the veteran's claims for an increased evaluation for his gunshot wound to the left thigh and service connection for hepatitis C, finding that the evidence did not meet the criteria for a higher rating or service connection.

The veteran's claims for higher disability evaluations were denied. The Board found that the medical evidence did not support a grant of increased ratings for his service-connected conditions.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was denied by the Department of Veterans Affairs Regional Office.

The Board has determined that a disability rating of 30 percent for vasovagal syncope is warranted, effective from the date of the decision.

The veteran's unauthorized hospital and medical expenses for pneumonia treatment are denied as the condition is not service-connected.

The Board found that the cause of death, widely metastatic colon cancer, was not caused by or related to exposure to Agent Orange during service.

The Board has determined that the veteran's right tarsal tunnel syndrome did not exist prior to her service and was not aggravated by service. The symptoms have resolved after separation from service, and there is no current disability for which service connection can be granted.

The veteran's widow was not entitled to accrued benefits as all death pension and special monthly pension benefits were paid prior to her death.

The Board denied an increased rating for residuals of a brain concussion, finding that the veteran's disability did not meet criteria warranting a higher evaluation.

The Board denied the veteran's claims for an increased disability evaluation for pelvic adhesive disease prior to July 1, 2000 and her request for an earlier effective date for the grant of a 30% disability evaluation. The current rating of 50% is considered appropriate given the complete removal of both ovaries and the uterus.

The Board found that the July 1974 rating decision denying service connection for a nervous disability was not clearly and unmistakably erroneous. The evidence at the time did not support a finding of CUE.

The Board finds that the veteran does not have residuals of SFWs of the head, upper body, back, or left arm that were incurred in or aggravated by military service. The veteran's encephalopathy is rated at 10 percent.

The veteran is seeking an increased evaluation for his service-connected patellar syndrome with traumatic arthritis, which currently results in a 10 percent rating. The RO has requested additional development to assess the current level of disability and determine if the current rating adequately reflects the veteran's symptoms.

The Board has denied the appellant's claim for an apportionment of the veteran's disability compensation benefits for his son, D., due to a lack of clear documentation of their relationship and insufficient financial information provided by both parties.

The Board has determined that the veteran's service-connected conditions do not warrant an increased rating or a TDIU based on his nonservice-connected disabilities.

The Board denied accrued benefits because the veteran's widow was not entitled to VA death benefits at her time of death due to excessive income.