Other conditions decisions — 2002

The Board denied the appellant's claim as they determined that he did not have qualifying military service for VA benefits.

The Board has denied the veteran's request for a waiver of recovery of an overpayment of $15,334 in pension benefits due to his intentional failure to report earned income. The decision states that this constituted bad faith and thus precluded waiver.

The Board denied the appellant's claim of basic eligibility for VA benefits, finding that new and material evidence had not been submitted to reopen his previous denial.

The veteran's service connection claim for supratemporal retinal detachment of the right eye is granted. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for the same condition resulting from a cataract extraction surgery in June 1999 is denied.

The veteran disagrees with the denial of service connection for peptic ulcer disease, asthma, sinus disorder, defective vision with cataracts, malnutrition, malaria, beriberi and dysentery.

The Board denied the veteran's claim for service connection for a bilateral inguinal hernia, finding that the preexisting condition clearly and unmistakably existed prior to service and did not worsen during active military service.

The Board has determined that the veteran's disability, a fracture of the lower right tibia with malunion and post-traumatic arthritis, warrants an increased rating to 30 percent from August 2001.

The veteran's appeal for additional months of educational assistance benefits past December 12, 2001 was denied as he had already used up his maximum allotment of Chapter 30 educational benefits.

The Board granted a 10 percent disability rating for the veteran's residuals of a fracture of the right olecranon process, effective from August 15, 2000. The condition involves limitation of flexion to 130 degrees and extension to 15 degrees.

The Board denied the appellant's request for waiver of overpayment of improved death pension benefits, finding that her failure to report earned wages was willful misrepresentation and thus invalidating any waiver.

The Board denied the veteran's claim for waiver of recovery of an overpayment in the amount of $82,342.83 plus interest.

The Board dismissed the appeal because the appellant died during the pendency of the case, and thus has no jurisdiction to adjudicate the merits.

The Board denied the veteran's claim for service connection for bilateral defective hearing and a rating in excess of 20 percent for his right shoulder disability. The decision found that there was no evidence of hearing loss for VA purposes at present.

The Board has determined that new and material evidence to reopen the previously denied claim for entitlement to service connection for a skin condition of the feet has been submitted. The veteran's testimony regarding his symptoms and treatment is considered in deciding this issue.

The Board denied the veteran's claim of service connection for Raynaud's disease, finding that there is no evidence to support a current diagnosis and ruling out any potential service connection based on history provided by the veteran.