Other conditions decisions — 2002

The Board determined that the veteran did not receive interest payments on his NSLI benefits as there is no legal authority for such payment and the policies do not provide for it.

The Board denied an increased disability evaluation for the veteran's residuals of a fracture of the fifth sacrococcygeal vertebra and service connection for arthritis of multiple joints as secondary to his service-connected residuals. The veteran's current back pain was not found to warrant a higher rating, and there is no evidence that his arthritis is related to his service-connected condition.

The Board found no evidence that the veteran's cavernous hemangioma was incurred in or aggravated by service, and it is not related to a service-connected disability. The claim for service connection is denied.

The Board found that the veteran's gastrointestinal disorder with hiatal hernia and abdominal hernia was not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board denied the veteran's claim for an earlier effective date for the award of additional compensation for a dependent spouse, finding that the evidence did not indicate notification of the marriage to the RO until July 1998.

The veteran's waiver request for overpayment of Chapter 31 vocational rehabilitation training benefits was granted, as the Board found that recovery would be against equity and good conscience due to the minimal fault on the part of the veteran.

The Board has dismissed the appeal as the death pension benefits claim was granted and is no longer in dispute.

The Board has granted a 30 percent evaluation for the veteran's right epididymorchitis, which is more disabling than the current 10 percent rating.

The VA denied the veteran's claim for an increased disability rating for his service-connected right fifth metacarpal fracture residuals, finding that a noncompensable evaluation was appropriate based on the current evidence of record.

The veteran's death prevented retroactive payment of benefits for dependents as no claim was filed prior to his passing.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, was denied as the award of benefits based on his application and enrollment certificate is only available for training up to 12 months prior to the date of claim. The period of enrollment ended more than 18 months before the date of claim.

The Board denied the veteran's claim to restore a 50 percent rating for his service-connected chronic brain syndrome, finding that the current findings did not support such a rating.

The veteran's mood disorder secondary to a head injury was granted an initial noncompensable disability rating from April 17, 1980 to November 28, 1983.

The RO granted a 50% rating for right eye blindness and aphakia with left visual acuity of 20/70, and a separate 10% rating for bilateral active uveitis with secondary glaucoma. The veteran's conditions are considered to be due to the natural progression of his service-connected eye disorders.

The veteran's death was not service-connected, and therefore the appellant is not entitled to non-service-connected burial benefits.

The Board denied the appellant's request for a waiver of recovery of an overpayment in her VA improved death pension benefits, finding that her actions amounted to bad faith and misrepresentation.

The Board has determined that the veteran's cause of death, a myocardial infarction, was caused by massive bilateral pulmonary emboli. The service-connected conditions did not play a material role in his death and were not related to his fatal condition.

The Board has determined that the service-connected residuals of a shell fragment wound to Muscle Group XXI do not significantly interfere with respiration or result in significant pain on respiration, incoordination of breathing, or respiratory muscle weakness. Therefore, an increased rating beyond 10 percent is denied.

The Board denied the appellant's claim for retroactive payment of Dependents' Educational Assistance, as the regulations only authorized payment of benefits for the period one year prior to the date of receipt of an application or enrollment certification. The effective date was assigned from November 18, 1993.

The Board finds that the veteran's bilateral hearing loss does not warrant a higher rating at any time after November 15, 1996. The evidence consistently shows Level III hearing loss in both ears, which corresponds to noncompensable disability ratings.