Other conditions decisions — 2002

The Board has denied the veteran's claims for an increased rating for malaria and entitlement to a total rating based on individual unemployability (TDIU). The most recent VA examination showed no current complaints of residuals from malaria, and there were no findings of active disease. As such, the criteria for a compensable rating have not been met.

The Board has determined that the veteran does not have a current disability of the left hand and therefore, service connection for this condition is denied.

The Board has determined that the veteran's current throat disorder, manifested by the residuals of a vocal cord polyp removal, is due to disease or injury incurred in service. The benefit of doubt was given to the veteran.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of a fracture to the distal phalanx of the left ring finger, finding that no compensable rating was warranted based on the lack of functional limitation or painful motion.

The Board found that the October 12, 1964 rating decision denying a higher schedular rating for depressive reaction was not clearly and unmistakably erroneous. The veteran's angioneurotic edema is considered a manifestation of his service-connected PTSD.

The Board has determined that new and material evidence has not been received to reopen the claim for VA benefits based on the character of the appellant's discharge. The May 1974 administrative decision is considered final, and thus the appeal is denied.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for malaria, finding no current disability and insufficient evidence linking the condition to service.

The veteran's claim for an earlier effective date prior to June 24, 1998 for a 50 percent evaluation for gastrointestinal disability was denied.,The veteran's claim for an earlier effective date for additional compensation based on recognition of a dependent child was also denied.

The Board has determined that the appellant's annualized countable income for improved pension purposes exceeds the applicable annual income limit, thus denying his claim for basic eligibility to receive improved pension benefits.

The Board found that the February 1944 rating decision denying service connection for a stomach ulcer was not the result of clear and unmistakable error (CUE). The evidence at the time did not support the finding of a current disability.

The veteran's request for waiver of recovery of his VA indebtedness was denied as it was not submitted within the required 180-day period from notification.

The Board has determined that the appellant's deceased spouse did not have valid military service in the Armed Forces of the United States, and therefore, she is not eligible for VA benefits.

The Board has reopened the appellant's claim for non-service-connected pension benefits due to new and material evidence. However, the appellant does not have qualifying active service for purposes of entitlement to VA non-service-connected disability pension benefits.

The Board denied the veteran's claim for an extension of delimiting date for educational assistance benefits, finding that there was no evidence showing he was prevented from initiating or completing his chosen program of education within the eligibility period due to a physical or mental disability.

The veteran was denied additional compensation for a spouse from July 1, 1996 to May 31, 2001 due to failure to notify VA of his divorce and remarriage within one year.

The Board has determined that the veteran's varicose veins of both legs do not meet the criteria for a higher evaluation, and thus denied his claims for increased evaluations.

The Board denied the appellant's claim for accrued benefits because it was not timely filed within one year after the veteran's death. The appellant did not meet the legal requirement to file a proper claim for accrued benefits.

The veteran's claim for an increased rating for his coccyx fracture with chronic cocycdynia is denied as the highest schedular evaluation has already been assigned.

The Board has determined that the veteran's left groin disability, which is service-connected and rated as mild fasciitis, more nearly approximates a moderate muscle injury. Therefore, a 10 percent rating for this condition is granted.

The Board has determined that the veteran's failure to report his receipt of Social Security income in a timely manner resulted in an overpayment, but waived recovery due to the fault of the appellant and lack of undue economic hardship.