Other conditions decisions — 2002

The VA determined that the veteran's service-connected residuals of compression fracture of the fifth thoracic vertebra do not warrant a rating in excess of 10 percent.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension benefits, finding that her actions caused the debt and denying waiver due to principles of equity and good conscience.

The veteran's request for waiver of recovery of overpayment of pension benefits in the amount of $3,051.00 was denied as it was not filed within 180 days after notification of indebtedness.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code due to failure to meet the requirements of serving an obligated period of active duty and not meeting any exceptions or qualifying service.

The Board denied an apportionment in excess of $101 per month from the veteran's VA compensation benefits, finding that actual hardship supporting additional monies was not demonstrated by the record.

The Board dismissed the appeal because the appellant died during the pendency of the case, thus losing jurisdiction.

The Board has determined that the veteran's service-connected bilateral foot disabilities, characterized as tibialis posterior tendonosis of the right foot and pes planus bilaterally, warrant a separate 10 percent evaluation for each foot.

The Board found that the veteran's death was not caused by any service-connected disability and denied the claim for service connection for the cause of his death.

The veteran's application for Chapter 30 educational benefits was denied because the apprenticeship program he completed did not qualify for retroactive payment due to the one-year rule.

The veteran's duodenal ulcer and post-gastrectomy condition was previously rated as noncompensable, but the RO determined it should be increased to 20 percent effective August 7, 2000. The claim is being remanded due to additional evidence received after the April 2002 Supplemental Statement of the Case.

The Board found that the appellant was not entitled to a higher rate of death pension benefits from June 1, 1993, to March 31, 1995.,The Board also found that the appellant was not entitled to a higher rate of death pension benefits from April 1, 1995, to February 28, 1996.

The veteran's current right hand disorder was caused by an injury sustained during a VA hospitalization from July 2 to July 4, 1992. The injury resulted from risks created by circumstances or incidents of the hospitalization.

The Board found that the veteran's intestinal cancer was not caused by his service-connected gunshot wounds and denied both the claim for service connection for the cause of death and DIC benefits.

The Board denied an increased rating for the veteran's service-connected fracture of the right hand, finding that his disability results in no significant limitation of function.

The Board of Veterans' Appeals (Board) found that the veteran's countable income from January 1, 2000 was properly computed and ordered a reduction in his pension payments.

The Board has determined that the veteran's brachial plexopathy, resulting from a total right shoulder arthroplasty at a VA facility in March 2000, was not caused by willful misconduct and is due to an unforeseeable event occurring during VA surgical treatment. As such, the requirements for compensation benefits pursuant to 38 U.S.C.A. § 1151 have been met.

The Board has determined that the veteran's bilateral hip disorder is not related to his service-connected low back disability and therefore, denied the claim for service connection.

The Board of Veterans' Appeals has denied an increased rating for the veteran's right knee disability, which is currently rated at 10 percent.

The Board has determined that the appellant's service-connected duodenal ulcer does not manifest current symptoms and therefore, a compensable evaluation is denied.

The VA determined that the veteran's status post right inguinal hernia does not meet the criteria for a compensable evaluation, as there is no evidence of recurrence or need for a truss or belt. The current noncompensable rating remains in effect.