Other conditions decisions — 2002

The Board has remanded the case for further development, including obtaining evidence about the appellant's current marital status and determining her eligibility to receive VA benefits as a surviving spouse of the veteran. The issue of service connection for the cause of death is also on appeal.

The veteran's service-connected postoperative ventral hernias are currently rated at 40 percent, but the Board finds that this rating is appropriate given the current symptoms and medical evidence.

The Board has granted increased ratings of 40 percent for derangement of the right knee with arthritis and 30 percent for impairment of the left knee with arthritis.

The Board denied the appellant's claim for a waiver of overpayment of death pension benefits due to her failure to timely request the waiver within the required 180-day period after receiving notice of the overpayment.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran's emphysema due to nicotine dependence should be reduced from a 60% evaluation to a 30% evaluation, effective November 1, 2000.

The veteran's claim for educational assistance benefits prior to April 7, 1999 is denied as the earliest permissible commencing date is one year before the date of his application.

The Board denied the veteran's request to waive recovery of an overpayment of improved disability pension benefits, finding that collection would not violate principles of equity and good conscience.

The veteran's appeal was dismissed due to his death.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Meridia Hillcrest Hospital due to the availability of feasible VA care.

The Board denied service connection for arthritis of the hands as there was no current disability and no evidence of a disease or injury resulting in this condition during service.

The Board granted a 60 percent rating for the service-connected sickle cell disease (SCD) effective July 17, 2000.

The Board denied a compensable rating for functional bowel syndrome and did not address service connection for hiatal hernia.

The veteran's appeal has been withdrawn by the appellant before a decision was made.

The Board denied the veteran's claim for a higher rating for residuals of a right inguinal hernioplasty, finding that his service-connected disability did not meet the criteria for a compensable evaluation.

The Board denied the veteran's waiver of recovery of loan guaranty indebtedness, plus interest due to fault on his part in creating the debt and lack of undue hardship resulting from repayment.

The Board denied the veteran's claim for an increased rating for right patella traumatic arthritis, residual of a fracture, currently evaluated as 10 percent disabling.

The veteran's claim for continued benefits for their child beyond age 23 is denied as the law does not permit payments after a child reaches 23 years of age.

The Board denied the veteran's claim for a permanent and total rating for pension purposes due to his failure to report for VA examinations scheduled in March 2001, without good cause.

The Board denied service connection for malaria, finding that the veteran does not currently suffer from this condition.