Other conditions decisions — 2002

The appellant's basic eligibility to Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code is denied due to reaching the age of 26 before his parent was rated permanently and totally disabled.

The Board denied the veteran's claim for waiver of overpayment, finding that recovery would not be against equity and good conscience due to the error by the RO in awarding compensation at a higher rate than he was entitled to.

The Board denied the appellant's waiver of recovery of overpayment of non-service connected death pension benefits, finding that recovery would not be against equity and good conscience due to her continued employment and sufficient resources.

The Board found that the veteran's residuals of a fracture of the left fifth metacarpal did not warrant an increased evaluation, as there was no clinical evidence of ankylosis or other disabling conditions.

The appellee is recognized as a proper claimant for VA burial benefits, and the appellant is not so recognized.

The RO denied the veteran's request to restore service connection for chronic adjustment disorder, finding that it was not a clear and unmistakable error.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for spinal meningitis, which was previously denied in April 1989.

The veteran's claim for payment or reimbursement of medical expenses incurred at non-VA facilities in April 2000 was denied because the care and services were not authorized, did not meet the criteria for reimbursement under VA regulations, and there was no service-connected disability to support the claim.

The veteran's claim for an extension of his delimiting date for receiving educational assistance benefits under Chapter 34, Title 38, United States Code is denied as there is no statutory or regulatory provision that would permit entitlement to such benefits beyond December 31, 1989.

The Board denied the veteran's claim for an effective date prior to March 19, 1987, for a 30 percent evaluation for service-connected bilateral defective hearing.

The VA determined that the veteran's gum and tooth problems are not related to his treatment with Dilantin, which was prescribed for a seizure disorder. The Board found no evidence linking the dental issues to the use of Dilantin.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits purposes due to her separation from him and lack of continuous cohabitation.

The Board determined that the veteran did not meet the basic eligibility requirements for nonservice-connected VA pension benefits due to a lack of qualifying service as per VA regulations.

The Board found that the veteran's actions did not constitute fraud, misrepresentation or bad faith in creating the overpayment. The decision concluded that recovery of the overpayment would be against equity and good conscience due to the hardship it would cause the veteran and his family.

The Board denied the veteran's claim of service connection for facial sagging, diagnosed as old left Bell's palsy, to include as claimed as a result of exposure to ionizing radiation due to lack of evidence showing it was incurred in or aggravated by service.

The veteran's death was not due to a service-connected disability, and he did not meet the criteria for burial benefits or plot/interment allowance.

The Board found that the veteran's right eye and face disability was caused by a VA surgical procedure in July 1998, which resulted in damage to cranial nerve V. The Board concluded that this additional disability was not reasonably foreseeable and thus compensation under 38 U.S.C.A. § 1151 is granted.

The Board denied the veteran's claim for service connection for jaw disability, finding no evidence of current disability and concluding that any claimed disability was not incurred in or aggravated by active duty.

The Board has granted a 10% evaluation for the veteran's service-connected laceration of the right fifth finger, finding that it is manifested by tender and painful scars. The disability does not present an exceptional or unusual picture warranting extra-schedular consideration.

The Board denied the veteran's request for waiver of overpayment of VA compensation benefits due to his failure to report changes in marital status, finding that he was at fault and that recovery would not result in unfair gain or financial hardship.