Other conditions Board decisions

The Committee granted the veteran's claim for waiver of an overpayment of Chapter 30 benefits in the amount of $1,206.97, which resolved the issue and rendered it moot.

The Board denied the veteran's claim for an increased evaluation for his bilateral flatfoot with hallux valgus, finding that the disability did not more nearly approximate the criteria for a higher rating under Diagnostic Code 5276. The veteran was granted separate ratings of 10 percent each for right and left hallux valgus.

The Board found no evidence linking the veteran's service-connected disabilities to his cause of death, ALS. Therefore, the claim for service connection for cause of death was denied. The appellant is also not entitled to special monthly compensation by reason of need for regular aid and attendance or being housebound as her husband died without meeting the criteria.

The Board found that the veteran's VA disability compensation benefits were erroneously reduced due to an overpayment of $21,578.59 and concluded that this reduction was improper. As a result, the issue of waiver of recovery of the debt is now moot.

The Board found that the net worth of the veteran's widow was not excessive for the receipt of death pension benefits effective January 1, 2001.

The Board has determined that the veteran's spouse had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for VA benefits based on her spouse being a veteran.

The veteran's annual countable income, effective from August 2001, exceeds the maximum annual income limitation for a veteran with one dependent. As such, his application for VA improved pension benefits is denied.

The Board denied an initial evaluation in excess of 10 percent for the appellant's residuals, fracture, left radial head.

The Board has denied the veteran's claim of service connection for a stomach condition, finding no current evidence linking any such disorder to service.

The Board of Veterans' Appeals has determined that the veteran does not have anemia that is attributable to his recognized military service. The claim for service connection for anemia is denied.

The veteran's cause of death was due to acute myocardial infarction, which the Board found not service-connected.

The Board denied an increased rating for the veteran's service-connected residuals of colon cancer and also denied his request for an earlier effective date. The veteran was granted service connection based on a liberalizing change in the law, but this did not affect the effective date.

The Board has determined that the veteran does not have cardiovascular disability and therefore denied his claim for service connection.

The veteran's service-connected right leg disability is currently rated at 20 percent, and the Board has determined that this rating remains appropriate based on his symptoms of pain and limited range of motion.

The Board found that the overpayment was validly created and denied waiver of recovery due to the veteran's bad faith in not reporting income.

The Board has determined that the appellant does not have a right arm/elbow disorder or tonsillitis that is related to his military service and therefore denied both claims.

The veteran's claim for an increased evaluation for his right great toe disability, which includes hallux valgus and bunion with total arthoplasty of the first metatarsophalangeal joint, is denied as he is already receiving the maximum schedular rating assignable.

The Board denied the veteran's claim for service connection for dental caries due to aggravation, finding no probative evidence demonstrating the veteran sustained dental caries during or due to treatment in service.

The Board denied the veteran's claim of service connection for cancer of the throat due to tobacco use in service, finding no causal relationship between his current condition and his military service.

The veteran's claim for higher ratings for bilateral defective hearing has been denied. The Board found that the evidence does not warrant a rating in excess of 20 percent prior to January 5, 2000, and no higher than 50 percent since then.