Other conditions Board decisions

The Board has determined that the May 1997 decision was clear and unmistakable error, and granted an effective date of February 1, 1983 for the grant of death pension benefits.

The Board has determined that an increased apportionment of the veteran's VA disability compensation benefits is not warranted due to the appellant's recent increase in expenses and her marriage, which suggests no financial hardship solely on the part of the veteran's dependent children.

The veteran's appeal has been dismissed due to his death before a decision could be issued.

The Board found that recovery of the overpayment would be against equity and good conscience due to the veteran's severe medical conditions, his dyslexia, and current financial situation.

The Board denied the appellant's request for waiver of recovery of an overpayment of pension benefits in the amount of $2,280.00 due to a lack of timely submission of the request.

The appellant is not entitled to DEA benefits for periods of enrollment from August 1988 to May 1993 because she was not eligible for Chapter 35 benefits at the time of her enrollment.

The Board denied the waiver of recovery of an overpayment of improved disability pension benefits in the amount of $54,718 due to bad faith on the part of the appellant.

The VA has granted a 20 percent evaluation for the veteran's postoperative left rotator cuff repair, which is currently evaluated as 10 percent disabling. The disability more nearly approximates limitation of motion to shoulder level.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension due to her untimely submission of the request.

The veteran's son, D.M., is recognized as a 'helpless child' due to permanent incapacity for self-support by reason of mental defects at the age of 18.

The veteran's claim for a rating greater than 10 percent for varicose veins in the left leg was denied. The disability is currently rated at 10 percent.

The Board denied the reopening of the claim as no new and material evidence was submitted.

The case is being remanded for additional development, including obtaining records of the veteran's last hospitalization and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board of Veterans' Appeals has determined that the claimant's discharge from active service was under other than honorable conditions, which bars him from receiving veteran benefits except for health care under Chapter 17 of the United States Code.

The Board denied the waiver of recovery of an overpayment of improved disability pension benefits, finding that recovery would not be against equity and good conscience due to the appellant's failure to promptly notify VA of changes in family income.

The veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling examinations to determine the nature and etiology of any dental, foot, and facial skin disability.

The Board denied the claim for service connection for the cause of the veteran's death in March 2000, finding no new and material evidence to reopen the case. The appellant has not submitted any new evidence since then.

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that the proper effective date is March 30, 1998.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA death benefits due to their divorce prior to the veteran's death.

The Board has granted increased ratings for the veteran's service-connected gunshot wound residuals of the right arm and elbow, with a combined rating of 40 percent.