Other conditions decisions — 2001

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for dementia, as the May 1994 RO decision denying such is final.

The Board found that the veteran's actions contributed to the creation of the loan guaranty indebtedness and granted waiver of recovery, as it was against equity and good conscience.

The veteran's spondylolisthesis at L5-S1 is currently rated as 40 percent disabling, effective November 15, 2000. The RO found that the current evaluation adequately reflects his disability.

The appellant's claim for benefits based on claimed active military service in the U.S. Armed Forces during and after World War II is denied due to lack of valid service.

The veteran's claim for service connection for a stomach disability is being remanded due to the need for additional development, including obtaining medical records and providing an addendum opinion from a VA specialist.

The Board found no evidence of a chronic skin disorder during service or within the presumptive period, and concluded that the veteran's current skin disorder was not incurred in or aggravated by active service.

The veteran's appeal was denied as his postoperative residuals of excision of a malignant schwannoma of the left calf did not meet the criteria for a rating in excess of 10 percent.

The Board denied service connection for allergies, sinus disorder, right knee disorder, and right ankle disorder due to the presence of pre-existing conditions that were not aggravated by active military service.

The Board denied the appellant's claim of recognition as the veteran's surviving spouse for VA benefits due to her not meeting all requirements, including continuous cohabitation with the veteran at the time of his death.

The Board denied the veteran's claim for a rating in excess of 30 percent for ulcerative colitis, finding that his disability picture did not more nearly approximate the criteria for a 60 percent evaluation than those for the currently assigned 30 percent evaluation.

The veteran's claim for an increased rating for her service-connected right distal fibula fracture from June 4, 1995 is denied due to her failure to report for a scheduled VA examination.

The Board denied service connection for polyps of the colon, finding no objective evidence supporting the veteran's claim and concluding that there is no current disability due to the claimed polyps of the colon or from surgery in service.

The veteran's original 20 percent disability evaluation for amblyopia, right eye, has been restored due to it having been in effect for over 20 years.

The veteran withdrew his motion for revision or reversal of the June 1985 Board decision due to clear and unmistakable error.

The Board denied the appellant's claim for educational assistance benefits under Chapter 1606, stating that he is not entitled to such benefits due to a lack of entitlement under the law. The decision was based on the receipt date of the application rather than the receipt date of the enrollment certification.

The Board has determined that the case should be remanded for a new examination to determine the likely etiology of the veteran's claimed lung disorder due to conflicting medical evidence and potential asbestos exposure.

The veteran's service-connected enucleation of the left eye is rated at 40 percent prior to May 24, 1999.,Since May 24, 1999, a higher rating for the enucleation of the left eye has not been granted.

The Board has granted the veteran's request to reopen his claim of entitlement to service connection for CMP. The RO is directed to schedule a VA examination to determine if the veteran's current knee disability is related to his CMP or knee injuries in service, and to rate his bilateral pes planus.

The veteran's cause of death was not caused or significantly contributed to by any service-connected disability, and the Board denied service connection for his cause of death as there is no evidence that he served in Vietnam or its offshore waters.

The Board denied the veteran's application to reopen his claim for service connection for residuals of a right eye injury, finding that no new and material evidence had been submitted.