Other conditions decisions — 2002

The veteran's unreimbursed medical expenses could not be used to increase his pension benefits because he had no income, and thus the appeal is denied.

The Board has granted service connection for residuals of cold injury to the hands, feet, and nose. Service connection for peripheral vascular disease is also granted.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that March 29, 1999 is the earliest possible effective date based on service connection for the cause of the veteran's death.

The Board denied DIC based on claimed service connection for the cause of the veteran's death due to lung cancer, which was not caused by any incident of service. The veteran's service-connected bilateral pterygium did not substantially or materially contribute to his death.

The veteran's claim for an increased evaluation of his residuals of shell fragment wounds of the left lower extremity was denied as he failed to report for a scheduled VA examination.

The veteran's left hand disability, including contracture and loss of function in fingers, was caused by a minor surgery performed at the VA Medical Center in Charleston, South Carolina. The resulting severe complications were unforeseen and not reasonably foreseeable.

The Board dismissed the appellant's claim for waiver of recovery of an overpayment of death pension benefits in the amount of $4,377 because she did not file a timely Notice of Disagreement (NOD) with the April 1994 decision.

The Board denied the veteran's claim for service connection for moderate alcohol dependence and severe mixed personality disorder with dependent, histrionic and borderline personality features due to a lack of legal merit under VA regulations.

The veteran's appeal for waiver of an overpayment in the amount of $432 was denied due to untimely filing. The overpayment of $4,645 was found valid and not solely due to administrative error; however, recovery would be against equity and good conscience.

The Board denied the veteran's claims of clear and unmistakable error in his December 1947 rating decision and for an earlier effective date, finding that the VA did not commit clear and unmistakable error in assigning a noncompensable evaluation to his right posterior thigh shell fragment wound residuals.

The Board has remanded the case to determine whether the appellant's legal status in her FTCA action as administratrix of the veteran's estate or as an individual party affects the amount of DIC benefits she is entitled to receive. The RO will also consider whether any attorneys' fees incurred in the FTCA action should be excluded from the offset.

The Board found grounds for apportionment of the veteran's compensation benefits to support his daughter, who was acknowledged as his child. The RO subsequently granted this apportionment.

The Board denied the motion alleging clear and unmistakable error (CUE) in the May 2002 decision finding that the appellant was not entitled to recognition as the surviving spouse of the veteran.

The Board has granted an increased rating of 20 percent for the service-connected genitourinary disability, effective from the date of this decision.

The Board denied the appellant's claim for an earlier effective date for the award of apportionment of the veteran's pension benefits, finding that February 1, 1998 was the appropriate effective date based on the facts found.

The VA denied the appellant's claim for waiver of recovery of a loan guaranty indebtedness in the amount of $12,856.86, plus accrued interest due to the creation of the debt after the appellant defaulted on his mortgage.

The Board denied the appellant's claim of entitlement to an initial rating in excess of 30 percent for his psychiatric disability, upholding the RO in a decision issued in February 2002.

The Board has determined that the appellant's traumatic arthritis and ankylosing spondylitis of the spine are likely attributable to his period of military service, warranting service connection.

The Board has granted service connection for residuals of a shell fragment wound to the left forearm and has determined that an increased rating is warranted for bilateral defective hearing under the criteria in effect prior to June 10, 2001.

The veteran's right leg numbness is being reviewed for service connection, and her undifferentiated somatoform disorder rating is also under review. The case has been remanded to the RO for further examination and evaluation.