Other conditions decisions — 2003

The veteran's income for the period between December 1, 2001, and December 1, 2002, exceeded the annual income limitation of $12,516 for a veteran with one dependent. Therefore, he is not entitled to nonservice-connected pension benefits during this period.

The Board has granted a 50 percent rating for the veteran's service-connected residuals of poliomyelitis, which includes weakness in the paraspinal muscles, intercostal muscles, and abdominal muscles.

The veteran's claim for payment or reimbursement of unauthorized inpatient services at a non-VA hospital is denied as he does not meet the criteria set forth under VA regulations.

The Board has ordered further development due to the need for additional evidence or clarification. The case is now being remanded back to the RO for further review and consideration.

The VA denied the veteran's claims for increased disability ratings for his service-connected peptic ulcer disease and rheumatic heart disease. The RO granted service connection for both conditions but did not assign a higher rating than the current 10 percent.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded to the RO for specific actions.

The Board has determined that there was no bad faith in the creation of the overpayment, and thus the appellant's claim for waiver of recovery is granted. The case will be reviewed again under the standard of equity and good conscience.

The Board denied the appellant's request to reopen his claim for VA compensation and/or pension benefits due to lack of new and material evidence, as the submitted documents were not significant enough to change the previous denial.

The Board has reopened the veteran's claim of entitlement to service connection for a left arm and hand disorder based on new evidence submitted since the previous denial. The appeal is granted.

The veteran's claim is being remanded for further evaluation due to conflicting evidence and the need for additional examinations.

The Board has ordered a hearing before RO personnel to address the veteran's claim for service connection for residuals of venereal disease. The case will be returned to the RO after the hearing.

The Board denied the appellant's claim for accrued benefits, finding that it was not timely filed.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, thus denying the appellant's request for waiver.

The Board has determined that the appellant was at fault in creating an overpayment of VA DIC benefits, and thus recovery would not be against equity and good conscience.

The Board determined that the veteran's varicose veins in the left lower extremity is due to or the proximate result of his service-connected postoperative residuals of a left knee ligament repair, and granted secondary service connection for this condition.

The Board determined that the veteran did not file a timely request for waiver of overpayment in the amount of $10,538.00 within 180 days from November 2000.

The Board found that the veteran was solely at fault in creating the overpayment of $5,347.00 due to his failure to report his unearned income promptly. The decision grants waiver of recovery of this overpayment as it would not deprive the veteran of basic necessities and does not defeat the purpose of the benefit.

The case is being remanded for a Travel Board hearing due to the appellant's request. The issues of service connection and increased evaluation for migraine headaches are still pending.

The Board has remanded the case due to conflicting information on the appellant's service, requiring a new request from the service department for verification of his alleged period of service from 1942 to 1945.

The Board found that the appellant's net worth was excessive for receiving death pension benefits, including special monthly pension. The decision stated that her assets were sufficient to meet her living expenses.