Other conditions Board decisions

The veteran's spouse is seeking an apportioned share of the veteran's VA disability pension benefits on behalf of their two daughters. The Board denied this claim as the veteran has been reasonably discharging his responsibility for support and there was no evidence of financial hardship.

The Board has granted a 20 percent rating for the veteran's nerve contusion, right leg, status post catheterization, effective from August 8, 1995.

The Board granted a 40 percent evaluation for the veteran's degenerative joint disease at L3,4,5 since May 25, 1999.

The veteran's claim for an effective date prior to January 31, 1997, for the grant of service connection for residuals of right Achilles tendon repair is denied.

The Board has granted an evaluation of 20 percent for the veteran's residuals of a back injury, effective from November 4, 1998.

The Board denied the veteran's claim for service connection as his absence from duty without leave materially interfered with his military duties.

The Board denied the appellant's request for waiver of overpayment of pension benefits due to it being untimely, as he submitted his request more than 180 days after receiving notification of indebtedness.

The veteran's additional disability, resulting from a recurrent pilonidal cyst, is not compensable under 38 U.S.C.A. § 1151 due to the lack of evidence showing negligence or fault on the part of VA.

The veteran's left knee conditions have been rated at a 10% evaluation since April 5, 1995.

The Board has granted a 30 percent disability rating for the veteran's fracture of the C6 vertebra, finding that moderate limitation of motion warrants this rating. The veteran's left eye injury with retained foreign bodies is rated as 10 percent disabling.

The Board has remanded the case due to insufficient development of evidence, including a lack of consideration of recent financial changes. The veteran's request for waiver of recovery of an overpayment of disability compensation benefits was denied by the Committee.

The Board has determined that the veteran's sickle cell anemia was a pre-existing condition and not incurred or aggravated by service. The evidence does not show any increase in severity during service.

The Board found that the veteran's claim is not well grounded and denied his entitlement to compensation under 38 U.S.C.A. § 1151 for right eye blindness.

The Board found that the appellant's claim for an earlier effective date was well-grounded, but denied it as there was no evidence of disagreement with the RO's decision in 1987 granting death pension and denying service connection for cause of death.

The veteran's pleurisy is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board granted an increased evaluation to 30 percent for the veteran's hiatal hernia with reflux esophagitis, effective February 17, 1999. The claim for a prior effective date was also granted.

The veteran's residuals of multiple shell fragment wounds of the right leg are rated at 20 percent, effective as of the date of this decision. The evaluation for traumatic arthritis of the right hand remains at 10 percent.

The veteran's appeal is being remanded for a hearing before a Member of the Board at the RO in Los Angeles, California.

The Board has determined that the appellant does not meet the requirements to be recognized as the veteran's surviving spouse for VA death pension benefits due to a lack of continuous living with the veteran from 1985 to his death in May [redacted], 1995.

The VA correctly computed the rate of nonservice-connected death pension benefits for the period January 1, 1995 to December 31, 1995. The appellant's reported $167.00 in unreimbursed medical expenses does not exceed 5 percent of the maximum annual rate of pension payable to the appellant.