Other conditions Board decisions

The veteran's failure to promptly report his receipt of Social Security benefits resulted in an overpayment of improved disability pension benefits. The Board found that the veteran acted with bad faith and denied waiver of recovery.

The Board granted a 10 percent rating for the veteran's left knee disability and denied a compensable rating for his right knee disability.

The veteran's claim for improved pension benefits based on unreimbursed medical expenses prior to October 1, 2000 is denied. However, the appeal is granted for her claim subsequent to October 1, 2000.

The Board determined that the appellant's spouse did not have qualifying military service, and therefore denied her eligibility for VA benefits.

The Board has denied the veteran's claims for noncompensable disability evaluations for his service-connected residuals of stress fractures of both heels.

The Board denied the appellant's requests for waiver of recovery of overpayments of improved death pension benefits in amounts of $2,366 and $12,347 due to her failure to file a timely request within 180 days after notification of each overpayment.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding that his current condition was not related to any head injury sustained during active military service.

The Board denied the appellant's request for a waiver to recover an overpayment of death pension benefits due to her failure to report an increase in her Social Security income, which resulted in an overpayment. The Board found that her actions constituted bad faith.

The veteran's claim for higher ratings for enucleation of the left eye is denied.,The reduction from a 60 percent to a 40 percent rating based on clear and unmistakable error in the April 1, 2002 decision is upheld and meets procedural requirements.,The veteran's claim for a total disability rating for compensation purposes due to individual unemployability by reason of service-connected disabilities is denied.

The Board denied the veteran's claim for service connection for loss of teeth numbered 6, 7, 8, 9, and 10 due to trauma, finding that there was no evidence showing that the extractions were due to a trauma suffered in service. The appeal is denied.

The Board granted an apportionment of the veteran's VA improved pension benefits in the amount of $100 per month to his ex-spouse on behalf of their minor child, effective April 2002.

The Board dismissed the appeal because a timely substantive appeal was not filed regarding the denial of re-opening a claim for service connection for an acquired gastrointestinal disorder.

The veteran's disability associated with residuals of a GSW injury to Muscle Group XX is characterized as severe, warranting a 40 percent rating. The Board found that the current level of disability does not meet the criteria for an increased rating in excess of 40 percent.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for bilateral macular degeneration, but denied the claim on the merits due to lack of clear and unmistakable evidence showing aggravation during service. The veteran's pre-existing condition was considered congenital or developmental.

The Board denied the veteran's claims for service connection for a urinary disorder as secondary to his service-connected postoperative vagotomy and pyloroplasty with hiatal hernia and adhesions, and denied an increased rating for his service-connected postoperative vagotomy and pyloroplasty with hiatal hernia and adhesions.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The veteran's claims for increased evaluations of his service-connected cold injury residuals have been denied. The RO has not assigned a compensable evaluation for the upper extremities or ears, and the claimant is not entitled to an increased rating based on the current evidence.

The Board has granted a 70 percent disability evaluation for post traumatic stress disorder (PTSD) and denied the claim for hearing loss. The PTSD is currently manifested by occupational and social impairment with reduced reliability and productivity.

The Board found that the veteran did not engage in combat with the enemy and there is no credible supporting evidence of the claimed stressors. As a result, service connection for PTSD was denied.

The veteran's left knee disability, postoperative ACL reconstruction, is currently rated at 10 percent and the claim for an increased rating has been denied.