Other conditions decisions — 2001

The veteran's service-connected right foot disability (Charcot of the right foot) and left foot disability (deformity of the left foot) were denied increased ratings prior to February 16, 1999.

The Board dismissed the appeal due to the veteran's death.

The Board has determined that the veteran's right and left knee disabilities are currently rated at 10% each, which is the maximum rating available under VA regulations. The evidence does not support a higher rating.

The RO denied the veteran's application to reopen his claim for service connection for weak feet (metatarsalgia). The case is being remanded due to a hearing request.

The VA denied the veteran's claim for service connection for a brain tumor, concluding that there was no clear association between his in-service malaria and his current condition. The RO also noted that the veteran's brain tumor is not one of the diseases presumed to be related to Agent Orange exposure.

The Board denied the veteran's claims for an increased evaluation for a right eye disability and service connection for lumbar back disability, finding that his current visual acuity is 20/20 with no field loss or incapacitation.

The Board has granted a 30 percent disability rating for the veteran's service-connected spontaneous pneumothorax, effective from November 19, 2000. The issue of an earlier effective date remains pending.

The veteran's claim for an effective date earlier than August 6, 1997 for the grant of service connection for residuals of breast reduction surgery was granted. The issue concerning a disability rating in excess of 30 percent for residuals of breast reduction surgery is pending.

The Board has determined that the veteran's residuals of a left thumb fracture, to include degenerative changes, do not warrant a rating in excess of 10 percent.

The VA denied a compensable rating for the veteran's service-connected right femoral neck stress fracture, finding no slight disability resulting from the injury.

The VA has granted increased ratings for the veteran's vitreo-retinal degeneration of the left eye and duodenal ulcer with sliding hiatal hernia, both currently rated at 30 percent.

The Board found that the October 1983 rating decision did not involve clear and unmistakable error in assigning an effective date of June 20, 1983 for a 70% evaluation for right upper extremity disability.

The veteran's application for Service Disabled Veterans (RH) insurance was denied because his application was not received within the required two-year period after he was notified of service connection for multiple disabilities.

The Board found that the veteran's request for waiver of the recovery of the assessed overpayment was not precluded by bad faith and granted the waiver, as there were no indications of fraud or misrepresentation on his part.

The Board denied the veteran's claim for an effective date prior to February 14, 2000, for a grant of service connection for a left eye disability. The effective date was set at the date his claim was received.

The Board found no evidence of a service-connected condition or any link between the veteran's current vitiligo and exposure to herbicides, leading to denial of the claim.

The veteran's request for a waiver of overpayment of VA non-service-connected pension benefits was denied because he acted in bad faith by failing to report his income from 1996 and 1997, which led to an overpayment. The RO found that recovery would not be against equity and good conscience.

The Board of Veterans' Appeals has determined that the appellant knowingly submitted false statements regarding her relationship with S. C., leading to forfeiture of all rights, claims, and benefits under VA laws.

The veteran's appeal for a higher evaluation of his service-connected prostatitis was granted, with the increased rating effective from July 26, 2000.

The Board has granted a 20 percent rating for bilateral uveitis, effective from the date of the decision.