Other conditions decisions — 2009

The Board has determined that the appellant does not meet the criteria for VA death pension benefits as a surviving spouse due to her remarriage after the Veteran's death.

The Veteran's service-connected intervertebral disc syndrome is currently rated at 20 percent, which reflects a moderate disability level with recurring attacks of pain and muscle spasm.

The Board has remanded the case for additional development due to changes in the appellant's financial circumstances since the initial corpus of estate determination.

The VA denied an evaluation in excess of 10 percent for the residuals of a shell fragment wound of the left little finger, finding that the condition is currently manifested by occasional tenderness and numbness without more significant disability.

The Board found that the Veteran's overpayment of $40,747.33 was properly created due to his incarceration for a felony conviction and denied his claim for waiver of recovery.

The Board found that the overpayment was validly created and there was no indication of fraud, misrepresentation or bad faith in its creation. The appellant's failure to inform VA about her receipt of Social Security benefits under two different numbers contributed to the overpayment. The Board concluded that recovery would not be against equity and good conscience as it would result in undue hardship for the appellant.

The Veteran is seeking service connection for a psychiatric disorder, specifically psychoneurosis. The Board has determined that additional development is needed to determine the existence and etiology of this condition.

The Veteran's claim for a higher rating for panic disorder was denied as he failed to report for the required VA examination without good cause.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability has been dismissed as the appellant died during the pendency of the appeal.

The Veteran's claim for service connection for arthritis, several joints, to include as secondary to rheumatic fever was denied in the February 2005 rating decision. The Board has now remanded the case due to a failure to afford the appellant a personal hearing.

The Board denied the Appellant's claim for apportionment of the Veteran's disability benefits, finding that she is not legally entitled to such benefits.

The Board denied the Veteran's claim for an increased disability rating for his service-connected bilateral tibia disability, finding that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Veteran's right hand disability, specifically the fourth and fifth metacarpal fractures with deformity of the fifth finger, has been rated at 10 percent since September 2000. The Board found that his current range of motion and grip strength do not warrant a higher rating under either the old or new criteria.

The Board has denied the reopening of the claims for service connection for residuals of an injury to the left side of the body and facial pain, as new and material evidence was not received.

The Veteran's initial claim for service connection was denied prior to January 13, 2009. From that date forward, his disability has not been rated higher than 60 percent.