Other conditions decisions — 2001

The Board has determined that the effective date for the grant of service connection for a schizoaffective disorder is March 14, 1991, the date of receipt of claim. The veteran's claim was received beyond one year following her release from active duty.

The Board has determined that the appellant's spouse had no valid military service for purposes of VA benefits, and thus the appellant is not eligible for VA benefits.

The veteran's overpayment of VA compensation benefits was determined to be against equity and good conscience, thus the debt is waived.

The Board has determined that the veteran's service-connected duodenal ulcer, amebiasis, ankylostomiasis, and spastic colon warrants a maximum evaluation of 30 percent.

The Board denied a higher rating for the veteran's residuals of perforation of the left tympanic membrane, initially assigned a zero percent evaluation, effective from October 1996.

The veteran's stepmother is the sole surviving designated principal beneficiary of his NSLI policy, and she is entitled to the proceeds thereof.

The veteran's arteriosclerotic cardiovascular disease is currently rated as 30 percent disabling. The Board found that the preponderance of evidence does not support a higher rating, and thus denied an increased rating.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension in the amount of $2,796 due to her repeated failure to report income from employment, which constituted bad faith and willful deception. The decision found that there was no indication of fraud or misrepresentation.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $1,746.17 as it was not timely filed within 180 days from October 25, 1998.

The Board denied the veteran's claim for an increased rating for left piriformis syndrome, to include trochanteric bursitis, from 10 percent disabling.

The VA has denied the veteran's claim for an increased evaluation for residuals of a circumcision, currently rated as zero percent.

The Board denied the appellant's claim to reopen, determining that new and material evidence had not been submitted. The issue was whether the character of his discharge from service is a bar to VA benefits.

The Board found that the veteran's cancer of the colon was not incurred in or aggravated by service, and denied his claim. The residuals of mustard gas exposure to include bronchitis were also denied as there is no evidence of such exposure.

The VA has denied a compensable rating for the veteran's second-degree burn of the left upper arm, as his scar does not meet the criteria for a 10% evaluation under Diagnostic Code 7802.

The TDIU claim is dismissed as moot due to the grant of a 100% schedular rating for anxiety state with migraine, which resolved the issue of entitlement to TDIU benefits.

The Board found that the veteran's preexisting bilateral defective hearing was aggravated by noise exposure during service, warranting service connection.

The Board denied a higher evaluation for the veteran's service-connected left hamstring tear, finding that the disability did not warrant an evaluation in excess of 30 percent.

The Board found that the veteran's right thumb disability, which is manifested by limitation of motion and sensory loss, does not warrant a rating higher than 20 percent.

The Board denied the veteran's claim for a higher rate of special monthly compensation by reason of being in need of aid and attendance, finding that his service-connected conditions did not meet the criteria.

The Board determined that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for PTSD.