Other conditions Board decisions

The Board found that the appellant's receipt of improved death pension benefits was properly terminated effective July 1, 1993 due to excessive income. The appellant was not entitled to pension payments for the period of July 1, 1993 through July 1994.

The veteran's claims for increased ratings for residuals of vaginal polyp removal and chronic urinary tract infection were denied. The VA found that the evidence did not support a compensable evaluation for the residual condition, but granted a 20% rating for the chronic urinary tract infection.

The Board denied the appellant's waiver request for an overpayment of VA improved death pension benefits, finding that her actions constituted bad faith and thus precluded a waiver.

The Board denied the appellant's claim for apportionment of the veteran's compensation benefits due to the veteran's financial hardship and the appellant not meeting the criteria for hardship.

The Board has determined that the veteran's service-connected cerebrovascular accident residuals do not warrant an initial evaluation in excess of 20 percent, and his hypertension does not warrant a rating higher than 20 percent. The case is remanded for further development.

The veteran's L2-3 herniated nucleus pulposus disability is deemed to have resulted from a slip and fall incident during his VA hospitalization on September 8, 1997. The Board found that the injury occurred and was not pre-existing, thus meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's post-traumatic stress disorder is granted as it has been medically linked to his service in Vietnam.

The veteran did not file a claim for VA benefits during his lifetime, and therefore is not entitled to accrued benefits.

The veteran's request for a waiver of loan guaranty indebtedness was denied because it was not filed within one year after notification. The Board has ordered the Regional Office to obtain missing documentation and reevaluate the timeliness issue.

The veteran's daughter seeks payment for unauthorized medical expenses incurred in November 1997 at Columbia Henrico Doctors Hospital. The VA denied the claim as the veteran had no service-connected disabilities.

The Board denied the veteran's claims for service connection for the cause of death, entitlement to DIC benefits under the provisions of 38 U.S.C.A. § 1151, and entitlement to DIC benefits under the provisions of 38 U.S.C.A. § 1318.

The Board denied the veteran's claims for service connection for gastroenteritis and a rash in the groin and underarm area as there was no competent medical evidence showing current disabilities or their relationship to service.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for a nervous condition, finding that no new and material evidence had been submitted.

The Board found that the veteran's claim was well-grounded and granted service connection for residuals of cold injury. The examiner did not find a direct link between current symptoms and military service, but noted possible connections to exposure in service.

The Board has determined that the veteran's claim for an increased rating of peripheral vascular disease of the lower extremities with osteomyelitis of the left great toe is not well-grounded. The claim for service connection for sleep apnea was also denied as there was no competent evidence linking the condition to active service or a service-connected disability.

The veteran's death was not caused by a service-connected disability, and the appellant did not meet the eligibility requirements for dependents' educational assistance benefits.

The RO denied the veteran's claims for service connection for various conditions, including a skin disorder and vocal nodules claimed as lymph nodes secondary to Agent Orange exposure. The RO also denied his claim for an increased evaluation for hemorrhoids.

The Board dismissed the motion for review on the grounds of clear and unmistakable error due to lack of compliance with the requirements set forth in 38 C.F.R. § 20.1404(a).

The Board has determined that the overpayment of $2,492.12 in VA death pension benefits should be waived due to the claimant's actions contributing to its creation and because recovery would cause undue financial hardship.

The Board found that the appellant was at fault in creating the loan guaranty indebtedness, and thus granted a waiver of recovery of $7,186.26 plus accrued interest.