Other conditions decisions — 2001

The Board found that the appellant had forfeited all rights, claims, and benefits under 38 U.S.C.A. § 6103(a) due to her submission of material and false information in her application for VA death pension benefits.

The veteran's appeal was dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied an increased rating for the appellant's left eye disability, finding that the evidence did not warrant a higher evaluation.

The Board denied the veteran's claims for an earlier effective date and a compensable disability rating for osteomyelitis of the left hip, finding that his service connection was granted on a historical basis without clear and unmistakable error.

The Board denied the appellant's request for waiver of recovery of loan guaranty indebtedness in the amount of $36,000 due to lack of fault on his part and finding that collection would not result in undue hardship. The decision also noted that the VA had already absorbed a loss from the foreclosure sale.

The Board has granted a 40 percent evaluation for the veteran's hallux rigidus of the right great toe, finding that her symptoms most closely approximate loss of use of the foot.

The Board denied the appellant's request for an extension of the delimiting date for education benefits under Chapter 35, Title 38, United States Code, beyond April 29, 1991. The decision states that there is no evidence to show she was factually incapable of filling out and mailing an application for a chosen course of education prior to the delimiting date.

The veteran's service-connected varicose veins are found to have caused a pulmonary embolism that contributed to his death.

The Board has determined that the veteran's postoperative L5-S1 spondylolisthesis is a direct result of his service, with aggravation during service beyond the natural progression.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for scoliosis and arthritis of the back. The evidence presented subsequent to the June 1996 rating decision does not establish a nexus between the veteran's current back disorders and active service.

The Board has determined that the veteran's chondromalacia patella of both knees does not warrant an initial rating in excess of 10 percent.

The Board has determined that the veteran was infected with HIV as a result of his sexual assault during active service, and therefore grants service connection for HIV.

The Board finds that the veteran's postoperative residuals, adhesions, flexor tendon, right index finger is properly rated under Diagnostic Code 5225 (index finger, ankylosis of), which has a maximum rating of 10 percent. The evidence does not meet the criteria for evaluation on the basis of amputation.

The Board finds that the appellant is entitled to a waiver of recovery for an overpayment of Dependency and Indemnity Compensation (DIC) benefits in the amount of $23, 390.00 due to her lack of fault in creating the debt and potential financial hardship resulting from repayment.

The Board found that the termination of payment of apportioned benefits to the claimant effective October 23, 1996 was proper and resulted in an overpayment. The claim is denied.

The veteran's thymoma, claimed as a soft-tissue sarcoma, is denied service connection. However, his Non-Hodgkin's lymphoma is granted service connection based on presumed exposure to an herbicide agent during his Vietnam service.

The Board has granted a combined 40 percent disability rating for the appellant's gunshot wound of the left leg and impairment of the left tibia, based on their respective disabilities.

The Board found that the appellant is not entitled to the proceeds of her uncle's National Service Life Insurance (NSLI) policy because she did not have testamentary capacity at the time he changed beneficiaries, and there was no evidence of undue influence. The veteran had previously designated his nephew as the principal beneficiary.

The veteran's son, who was born in 1951 and diagnosed with poliomyelitis as a child, had his nonservice-connected death pension benefits terminated due to marriage. The Board denied reinstatement of the benefits because he married after November 1, 1990, which is when the law barred such reinstatement.

The Board has determined that new and material evidence has not been submitted to reopen the claim for recognition as a child of the veteran on the basis of permanent incapacity for self-support before age 18.