Other conditions decisions — 2002

The veteran's bone spur of the right heel is rated at a 10 percent disability rating, effective October 27, 2000. This results in an increased combined disability rating to 80 percent.

The Board found that the appellant's failure to timely inform VA of her remarriage did not constitute fraud, misrepresentation or bad faith. The overpayment was therefore not precluded by these provisions and a waiver of recovery is granted.

The veteran's claim for an extension of her delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code is being remanded to the RO for scheduling a hearing before a Member of the Board at the RO.

The veteran's left third finger GSW residuals are manifested by muscle group IX injury, with some limitation of active motion. A 10 percent rating is granted for these residuals.

The Board has determined that the veteran's daughter is a helpless child of the veteran due to her mental retardation, which rendered her permanently incapable of self-support prior to reaching the age of eighteen.

The Board granted the veteran's request for waiver of recovery of an overpayment of VA disability pension benefits in the amount of $4,146.50, finding that it was not against equity and good conscience to require payment.

The Board of Veterans' Appeals has determined that the veteran's eye disorder is not related to service and therefore denied his claim for service connection.

The appellant withdrew the appeal of the denial of entitlement to service connection for upper respiratory infection.

The veteran's appeal for an extension of a temporary total disability rating for convalescence beyond March 30, 1999 was dismissed as no timely substantive appeal was received.

The Board denied the appellant's claim for eligibility to VA benefits because the individual on whose service she claimed benefits had no active service in the Armed Forces of the United States.

The veteran's dysthymic disorder is rated at 70 percent for a period prior to December 22, 2000 and currently.

The Board has determined that the veteran's overpayment of VA pension benefits was validly created due to his failure to report changes in his family income. The debt, amounting to $3,824.00, will be waived as recovery would be against equity and good conscience.

The Board denied the veteran's claim for basic eligibility for nonservice-connected disability pension due to lack of qualifying peacetime active service.

The veteran's chest pain, twitching of the left eye (blepharoclonus), and skin disorder are all found to be related to his service in the Persian Gulf. The veteran does not have hepatitis or a reaction to anthrax vaccination injections.

The Board has granted a 10 percent rating for bilateral onychomycosis, which is the condition at issue.

The veteran's income has exceeded the maximum allowable annual income for nonservice-connected pension benefits, as determined by the applicable Maximum Annual Pension Rate (MAPR). The RO denied the veteran's claim of entitlement to non-service connected pension benefits due to excessive income.

The Board denied the veteran's claim for service connection for degenerative disease of multiple joints, finding that it was not incurred in or aggravated by his military service and is not proximately due to his service-connected hearing loss.

The veteran's service-connected right foot disability is rated at 20 percent disabling, which does not meet the criteria for a serious employment handicap under Chapter 31 of Title 38. Therefore, he is not entitled to benefits.

The Board has determined that the veteran's stomach disorder is not related to his service-connected disabilities, and thus denied his claim for secondary service connection.

The appellant's claim for VA disability benefits was denied because he did not provide valid documentation to verify his military service, and therefore, he is not considered a veteran for the purposes of receiving VA benefits.