Other conditions decisions — 2002

The Board determined that the veteran's attorney was eligible for payment of an attorney fee from past-due benefits resulting from the August 1998 RO award. However, due to inadvertent release of the withheld amount by the RO, all past-due benefits had been paid to the veteran. The RO must now pay the attorney a sum calculated as equal to 20% of the past-due benefits resulting from the August 1998 award.

The Board found that the proper effective date for adding the veteran's spouse to his compensation award is December 1, 1999.

The Board denied the appellant's claim for apportionment of the veteran's nonservice-connected disability pension benefits on behalf of their minor children, J. and N., finding that the veteran was reasonably discharging his responsibility for supporting them.

The Board has determined that the veteran's failure to report his wife's income was the sole cause of the overpayment, and that recovery would result in undue economic hardship. The Board therefore grants waiver of recovery for the overpayment.

The Board found that the veteran's service-connected cardiac arrhythmia did not cause or contribute substantially to his death from end stage cardiomyopathy.

The veteran's accrued pension benefits were denied as the amount of $3,024.00 was already considered in his previous pension payments.

The Board denied the veteran's claim for DIC under 38 U.S.C.A. § 1151 and service connection for cause of death due to nicotine dependence, finding that neither the radiation therapy nor carotid artery erosion hastened the veteran's death.

The Board denied a higher evaluation for the veteran's service-connected left hand fractures, finding that the current 10% rating adequately reflects his disability.

The Board has determined that the veteran's bilateral eye disorders, including those caused by mustard gas exposure, are not related to service and have found no evidence of such exposure.

The Board denied the veteran's claim for an increased apportionment of his compensation benefits for a child in the appellant's custody, finding that neither the appellant nor the veteran's child are under hardship with the current apportionment.

The Board denied the veteran's claims for service connection for nicotine dependence, lung disability due to tobacco use in service or as secondary to nicotine dependence, throat disability due to tobacco use in service or as secondary to nicotine dependence, and residuals of myocardial infarctions due to tobacco use in service or as secondary to nicotine dependence.

The Board has determined that there is no evidence linking the cause of the veteran's death, a myocardial infarction, to his military service. Therefore, the claim for service connection for the cause of death is denied.

The Board denied a compensable rating for the veteran's right little finger fracture, finding no competent medical evidence of any impairment due to the injury.

The Board denied the veteran's request for a waiver of recovery of an overpayment due to his failure to file within the required 180-day period.

The VA has determined that the appellant's service-connected post traumatic stress disorder warrants a 50 percent disability rating, effective February 13, 1995.

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.

The VA has denied the veteran's claims for increased rating and individual unemployability due to his service-connected residuals of a compression fracture, L2. The RO found that the disability did not warrant an evaluation in excess of 10 percent and determined that he is not unemployable.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for a left leg contusion or residuals of radiation exposure. The veteran's PTSD is currently rated at 30 percent, but no higher rating is granted as it does not meet the criteria for an increased rating. The veteran is also found not unemployable by reason of his service-connected disabilities.

The Board denied the appellant's claim for educational assistance benefits under Chapter 30, Title 38, United States Code due to not meeting the basic eligibility criteria.

The Board has determined that the veteran's overpayment of $2,094.00 was properly created and is a valid indebtedness.