Other conditions decisions — 2001

The Board denied the veteran's claim of entitlement to service connection for an acquired eye disorder, secondary to his service-connected maxillary sinusitis. The evidence submitted since the last decision is not new and material.

The Board found that the veteran had bad faith in creating the overpayment and denied his request for waiver of recovery of the $33,881.00 nonservice-connected pension indebtedness.

The Board determined that the appellant, P.T., may not be recognized as the veteran's surviving spouse for VA purposes due to a prior legal impediment (the veteran's previous marriage to appellee).

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for a right total hip replacement. The veteran's current right hip disability is found to be related to injury sustained in service, leading to the need for a total hip replacement.

The Board denied the veteran's claims for service connection for residuals of heat stroke and an initial evaluation in excess of 10 percent for cholecystectomy, finding that she did not have residuals of a heat injury incurred in service and that her severe symptoms warranted a 30 percent rating.

The Board denied the appellant's request for an earlier effective date for service connection for the cause of her husband's death and also found that there was no clear and unmistakable error in a 1984 RO decision denying such claim.

The veteran's service-connected hallux valgus with bunion deformity, right foot, is currently rated at 10 percent and the Board finds that it does not warrant a higher rating.

The Board has determined that the veteran's residuals of shell fragment wounds to the left lower back meet the criteria for a 40 percent rating, the highest available under Diagnostic Code 5320.

The Board denied the veteran's appeal as his notice of disagreement with the September 1998 decision assigning an effective date of January 27, 1998, for the grant of a permanent and total disability rating for pension purposes was not timely filed.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a bilateral hip disorder, which was previously denied in August 1972. The VA examiner concluded that the current bilateral hip disorder is likely a congenital defect aggravated during service beyond its natural progression.

The RO denied the veteran's claim for service connection of a nervous condition, concluding that it existed prior to his second period of active duty and was not aggravated during service.

The veteran's service with the New Philippine Scouts from February 1946 to January 1949 is not considered qualifying service for nonservice-connected death pension benefits.

The veteran's application for Supplemental Service Disabled Veterans' Insurance (SRH) was denied because it was received after he turned 65 years old, and the requirement to apply before turning 65 is a legal requirement.

The appellant's claim for VA burial benefits was denied because it was not received within the two-year time period after the veteran's death and burial, as required by VA regulations.

The veteran's right eye disorder is service-connected and the VA medical facility closest to his residence, Northport VAMC, can provide necessary care. The Board found that fee basis outpatient treatment was not required due to the availability of care at the VA.

The Board denied DIC benefits for the appellant, finding she is not a child of the veteran due to her age and lack of permanent incapacity before reaching 18 years.

The Board has ordered the case to be remanded for additional development, including obtaining recent medical records and scheduling a VA examination.

The Board denied reopening the claim of entitlement to service connection for a back injury due to lack of new and material evidence.

The veteran's treatment for acute nephrolithiasis was approved as it met the criteria due to an emergent medical condition and a lack of availability at a VA facility.

The Board has granted service connection for the veteran's right eye disorder and denied service connection for his back injury. The right eye disorder is considered to be a result of an in-service ocular trauma, while the back injury is not linked to service.