Other conditions decisions — 2001

The Board denied the veteran's claim for an increased rating for his service-connected bilateral piezogenic pedal papules, finding that the current 30 percent evaluation adequately reflects the severity of his disability.

The Board denied the appellant's claim for an extension of his delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code due to the fact that he was over 26 years old at the time of his eligibility termination and thus did not meet the requirements for an extension.

The Board has remanded the case for further development and consideration of whether the veteran's exposure to radiation during service is related to his cause of death.

The VA granted an increased rating of 70 percent for the appellant's service-connected post traumatic stress disorder, effective July 28, 2001.

The veteran's claim for a higher rating was not timely appealed, and the original grant of service connection in December 1944 remains final.

The Board denied the veteran's claims for increased evaluations for otitis media, bilateral hearing loss, and paralysis of corda tympani as they did not meet the criteria for a disability evaluation in excess of 10 percent.

The Board found that the veteran's subcutaneous mass of the left upper extremity did not meet the criteria for a compensable rating under any applicable diagnostic codes, and thus denied his claim for a higher initial evaluation.

The Board denied the veteran's claim for waiver of recovery of an overpayment of $543.00 in dependents' educational assistance benefits, finding that recovery would not be against equity and good conscience.

The Board has determined that the evidence submitted since the January 1992 RO decision is not new and material, thus denying the reopening of the veteran's claim for service connection for a bilateral foot disorder.

The Board denied the veteran's request for a waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $3,468.00 due to fault on his part in not reporting income from the USDA and finding that repayment would not cause undue hardship.

The Board denied an increased rating for the veteran's service-connected dissociative disorder, finding that it did not meet the criteria for a higher evaluation.

The Board of Veterans' Appeals (Board) denied the veteran's claims for service connection for hammertoe, 5th, right foot and cavus foot with claw toes, 4th and 5th, left foot.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $7,714 due to bad faith and misrepresentation on her part.

The veteran's appeal is about a higher evaluation for his service-connected constrictive pericarditis with cor pulmonale, currently rated at 30 percent. The case has been remanded due to the need for additional development and consideration of new criteria.

The veteran's preexisting injury of the left ring finger was aggravated during service, and he is now granted service connection for this aggravation.

The veteran's bilateral varicose veins prior to January 12, 1998 are rated at 30 percent. On and after January 12, 1998, the right leg varicose veins are rated at 20 percent and the left leg varicose veins are also rated at 20 percent.

The Board has determined that the veteran's status post left mid-femur fracture warrants a 20 percent disability rating, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has reopened the veteran's claim for service connection for athlete's foot due to new and material evidence. The issue is now on its merits, but further development is needed before a final decision can be made.

The Board has determined that the overpayment of improved disability pension benefits was properly created and that it would be against equity and good conscience to require repayment. The veteran's income exceeded the maximum applicable income limit, leading to the termination of his pension benefits. The decision also considers whether recovery would cause undue economic hardship.

The VA has denied a rating in excess of 10 percent for service-connected residuals of an injury to the left fourth sternocostal cartilage, finding that the disability is manifested by pain and complaints of soreness and pain on deep breathing. The current 10 percent rating encompasses all impairment shown.