Other conditions decisions — 2002

The Board denied the veteran's request for a waiver of recovery of disability pension overpayment because it was not timely filed, despite the veteran's claim of financial hardship.

The Board finds that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, specifically unauthorized absence without leave for a period of 193 days. This constitutes a bar to VA benefits.

The Board denied the veteran's claim for payment of unauthorized medical expenses at Cooley Dickinson Hospital due to lack of service-connected condition, non-service-connected disability aggravating a service-connected disability, or participation in vocational rehabilitation. The VA facilities were not feasibly available and an attempt to use them beforehand would have been reasonable.

The Board denied the appellant's claim for retroactive dependents' educational assistance benefits under Chapter 35, Title 38, United States Code prior to June 6, 1996, finding that payment could not be made earlier than one year before the date of receipt of the application or enrollment certification.

The veteran's claim for reimbursement of prescription drugs purchased on March 13, 2001 was denied as he was not authorized a fee basis card or outpatient medical treatment at a non-VA facility.

The Board has granted a 50 percent rating for residuals of a compression fracture of L-1 since July 10, 1995. The veteran previously received a 20 percent rating prior to that date.

The appellant is not eligible for VA improved death pension benefits as the surviving spouse of the veteran due to a lack of qualifying marriage and no children born before or during their marriage.

The VA denied the veteran's claim for service connection for the cause of his death, attributing it to metastatic carcinoma of the rectum which developed many years after service and is not related to any service-connected condition or exposure to Agent Orange.

The RO denied the appellant's claim for recognition as the veteran's surviving spouse, stating that no marriage occurred between the veteran and the appellant.

The veteran's service did not meet the legal requirements for the appellant's eligibility for VA non-service-connected death pension benefits.

The Board dismissed the appellant's claim for waiver of a VAMC debt due to lack of jurisdiction over the matter.

The VA determined that the veteran's postoperative diverticulitis with colon polyps does not meet the criteria for a higher rating than the current 10 percent.

The Board of Veterans' Appeals denied the veteran's claim for service connection for dental disability, finding that there was no evidence to support a finding of trauma or current dental injury during service.

The Board found that the overpayment of $1,849.40 was not properly created due to a sole administrative error and granted the veteran's appeal.

The veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to inadequate examination report and the need to consider separate ratings for instability and limited motion. The RO must also ensure all notification and development action required by the VCAA are completed.

The veteran's claim for waiver of overpayment of nonservice-connected pension benefits was denied as his actions constituted bad faith in seeking an unfair advantage.

The veteran's waiver request for an overpayment of nonservice-connected pension benefits was denied due to a finding of bad faith on his part. The Board concluded that the veteran engaged in unfair and deceptive dealings with VA, seeking an unfair advantage by not reporting receipt of Social Security income.

The Board has remanded the veteran's claims for service connection for carcinoma of the lower lip and emphysema, both claimed as secondary to tobacco use in service. The case is being returned to the RO for further development.

The Board has determined that the veteran's service-connected gastrointestinal disability contributed to his death from metastatic hepatoma, and thus grants the claim for cause of death.

The veteran's incontinence of the bowel is currently rated at 60 percent, which was granted by the RO.