Other conditions decisions — 2003

The Board denied compensation under 38 U.S.C.A. § 1151 for residuals of a right leg fracture, finding that the veteran's injury was due to his own willful misconduct and not caused by VA negligence or other fault.

The Board denied the veteran's claim for waiver of overpayment of pension benefits as it was not timely filed, despite the veteran claiming he completed the request in a timely manner but his representative failed to file it.

The Board has determined that the veteran's residuals of healed fractures of the right hip and femur warrant a disability rating of 40 percent, reflecting significant impairment in both the hip and knee joints.

The Board has granted a 10 percent rating for limitation of external rotation, extension, and adduction of the right thigh due to healed fractures of the right hip and femur.

The Board has reopened the veteran's claim of entitlement to service connection for thrombocytopenia purpura due to new and material evidence submitted since the February 1973 RO decision. The veteran's worst episode of thrombocytopenia occurred during his active service.

The Board has ordered further development due to pending issues regarding the veteran's vasomotor syncope disability. The case is being sent back for additional evidence collection and a comprehensive VA cardiology examination.

The Board has decided to remand the case for additional development due to missing medical records and further examination.

The Board has ordered further development due to pending issues and the need for a digestive system examination. The case is now remanded back to the RO for additional consideration.

The Board has decided to remand the case for further development due to procedural issues.

The Board has granted the appellant's request for an earlier effective date of June 19, 2000 for the apportionment of the veteran's nonservice-connected pension benefits on behalf of his child.

The veteran's widow is denied an earlier effective date for additional compensation based on recognition of a dependent spouse, as the claim was pending at his death and VA awarded her benefits retroactively.

The veteran's service-connected skin disability requires the use of prescribed medications that cause irreparable damage to outergarments, warranting an annual clothing allowance.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a neck disorder, which was previously denied. The veteran's current diagnosis of cervicalgia and paresthesia is relevant in deciding her claim.

The Board denied the appellant's claim for eligibility for nonservice-connected disability pension benefits as new and material evidence was not presented, and the appellant did not meet the qualifying service requirement for such benefits.

The Board has determined that a VA examination is needed to assess the current severity of the veteran's service-connected idiopathic aseptic necrosis, left femoral head and to determine if other criteria for higher ratings are applicable.

The Board has denied the veteran's claims for increased ratings for defective vision and organic brain syndrome.

The Board denied dependency and indemnity compensation benefits as the helpless child of a deceased veteran due to lack of verified military service.

The veteran's overpayment of VA pension benefits was created due to failure to report retirement income. The Board found no indication of fraud, misrepresentation or bad faith and granted the waiver of recovery.

The Board denied the appellant's request for waiver of an overpayment of VA death pension benefits in the amount of $11,172.00 due to her failure to report income from teaching, which was considered bad faith.

The Board found no evidence linking the veteran's cholecystectomy, claimed as a stomach condition, to his military service and denied the claim.