Other conditions decisions — 2002

The Board denied the appellant's request for a waiver of overpayment of pension benefits due to her failure to submit a timely request within 180 days from notification of indebtedness.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of fracture, left thumb, considering his symptoms and medical evidence.

The appellant's income exceeded the maximum annual income for improved death pension benefits, resulting in a denial of her claim.

The Board denied the veteran's claim for a waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience.

The Board has determined that the veteran's service-connected status post resection of a bony cyst of the right tibia does not warrant an initial compensable evaluation.

The Board found that the appellant's primary sclerosing cholangitis is not related to his military service, including any radiation exposure during service. The claim was denied as there is no evidence linking PSC to his period of active duty.

The Board of Veterans' Appeals has jurisdiction to decide whether specially adapted housing grant funds may be paid to the appellant's spouse, given that construction had not yet begun and the funds were disbursed before the veteran died. The appellant is entitled to receive SAH funds, subject to certain conditions such as completing and acquiring the home.

The Board denied the veteran's appeal, finding no clear and unmistakable error in the November 1969 rating decision that rated his shell fragment wounds as a single disability.

The veteran failed to report for scheduled VA examinations, resulting in denial of his claim for a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims for adjusting his VA improved pension benefits and waiving recovery of an overpayment.

The veteran's appeal was dismissed because he died before the Board could make a decision on his claim for an increased rating for sacroiliac injury residuals.

The Board found that the evidence does not support a finding of service connection for peptic ulcer disease or any other gastrointestinal disorder.

The veteran's claim for basic eligibility for VA pension benefits was denied due to the absence of recognized active service that would confer on him veteran's status and eligibility for VA pension benefits.

The Board denied the claim for an effective date earlier than March 23, 1989 for the grant of service connection for organic brain syndrome (OBS). The veteran's claim was received more than one year after his discharge from active duty and thus, the earliest possible effective date is March 23, 1989.

The Board denied service connection for the cause of the veteran's death and denied entitlement to Chapter 35 benefits due to lack of legal merit.

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

The veteran's service-connected paralysis of the right ulnar nerve is currently rated at 40 percent, and his residuals from a shell fragment wound to the right upper arm are currently rated at 30 percent. The Board has determined that both conditions warrant increased evaluations.

The Board has determined that the veteran's claimed conditions, including bilateral eye disorder, right hand and arm injuries, back injury, and traumatic arthritis of lower extremities, were not incurred in service or related to his military service. The appeal is denied.

The veteran's chronic lymphocytic leukemia was not shown to be related to his military service, including exposure to ionizing radiation. The Board found that the disease is not attributable to service.

The Board denied a compensable rating for varicose veins of the right leg from August 4, 1946 to May 19, 1949 due to lack of evidence supporting a higher disability rating prior to May 20, 1949.