Other conditions decisions — 2002

The VA denied an increased rating for the veteran's service-connected fracture of the right fifth metatarsal, finding that the condition did not meet criteria for a higher rating.

The Board denied the veteran's claim for waiver of recovery of an overpayment of VA disability compensation, finding that he acted in bad faith by retaining more than his entitled amount.

The Board denied the veteran's claim for service connection for anisometropia, finding that it was not incurred in or aggravated by service and is not related to his service-connected zygomatic arch fracture.

The Board denied the veteran's claims for service connection for loss of teeth due to a mandible fracture and for direct service connection for squamous cell carcinoma of the head and neck, finding no new evidence that would reopen the claim for squamous cell carcinoma.

The Board denied the veteran's claims as not well grounded due to lack of evidence of current disabilities and insufficient medical records.

The Board is remanding the case to address whether the overpayment of VA improved pension benefits in the amount of $7,574.00 was properly created and if the veteran's waiver request for recovery of this overpayment should be granted.

The veteran died during the appeal process, making it impossible to adjudicate his claim for service connection for the cause of death.

The VA determined that the appellant's neurosis was not incurred or aggravated during his period of active duty for training, and thus denied service connection.

The Board denied the veteran's claim for service connection for loss of creative function (infertility/sterility) secondary to her already service-connected dysplasia, finding that there was no medical evidence linking the infertility to the dysplasia.

The appellant is not eligible for a waiver of recovery of an overpayment of VA disability compensation benefits as she was a non-veteran payee who had no claim or entitlement to such payment following the veteran's death.

The veteran's appeal is dismissed due to the death of the veteran, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for basic eligibility for VA DIC benefits due to a lack of valid military service.

The Board has determined that the veteran's current eye disorders are not related to his service injuries and have denied his claim for service connection.

The veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board decision and any underlying RO decisions are void as they were subsumed in this Board's decision.

The appellant's income exceeded the maximum rate for improved death pension, so her claim is denied.

The veteran's claim for an increased evaluation for his shrapnel wound to the left upper abdomen with involvement of the external oblique muscle is being remanded due to the need to assign an effective date and consider the applicable criteria changes.

The Board found that no new and material evidence had been submitted to reopen the claim for service connection for a prolapsed rectum, thus denying the appeal.

The Board denied reopening of the claim for service connection for residuals of a fracture of the right 5th metacarpal due to lack of new and material evidence.

The veteran's request for a waiver of an overpayment in the amount of $5,758.00 was denied because he failed to submit his application within the required 180-day period. The RO also determined that the veteran's inaccurate statement regarding his income constituted willful misrepresentation, which precluded the granting of a waiver and resulted in the denial of the overpayment.

The Board denied the veteran's claim for service connection for ankylosing spondylitis and pelvic arthritis, finding no evidence of a nexus to his active duty service.