Other conditions Board decisions

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.

The Board has determined that the veteran's residuals of a penetrating shell fragment wound of the abdomen, post colostomy warrant a 10 percent disability rating for his scars and an additional 10 percent rating for abdominal muscle cramps.

The Board found that the veteran's chronic gastrointestinal disorder with elevated liver function tests and colitis is not related to his service-connected low back strain with degenerative disc disease, lumbar spine.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of fractures of the left tibia and fibula, finding that his disability did not warrant such an increase based on current evidence.

The Board has ordered further development due to pending issues, including a need for a VA examination of the veteran's digestive system. The case is now remanded for additional development.

The Board found that the appellant demonstrated bad faith in connection with the creation of the pension overpayment, and therefore precluded consideration of a waiver.

The Board denied reopening the claim for service connection for amblyopia of the left eye, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims for service connection for gastrointestinal tumor and fatty tumors, finding no new and material evidence to reopen his previous denial. The RO also determined that any current fatty tumors are not related to military service or herbicide exposure.

The veteran's claim for an initial compensable evaluation for pruritus ani was granted, and he is now rated as noncompensably disabling. The issue of entitlement to a 10 percent evaluation based on multiple, noncompensable service-connected disabilities was denied. The effective date for the grant of service connection for pruritus ani was set at November 5, 1998.

The Board has remanded the case due to a lack of complete radiation dose estimates for the veteran's entire period of service, and the need to ensure compliance with VA regulations regarding claims involving ionizing radiation exposure.

The Board found that the appellant and the veteran were not legally married at the time of the veteran's death, thus denying her eligibility for VA benefits as his surviving spouse.

The veteran's son developed Hodgkin's disease, which is presumed to be service-connected due to exposure to Agent Orange during the Vietnam War. However, there is no provision in law for disability benefits for Hodgkin's disease in the children of veterans who served in Vietnam.

The Board denied the veteran's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 and Dependents' Educational Assistance under Chapter 35, finding that there was no basis to grant these benefits due to a lack of service-connected disability at the time of death.