Other conditions decisions — 2001

The Board denied the appellant's claims for increased ratings and compensable initial evaluations for his service-connected burn scars, finding no clear and unmistakable error in prior rating decisions.

The Board has determined that the appellant's right shoulder disability, characterized by pain and loss of range of motion, warrants a rating in excess of the currently assigned 20 percent.

The veteran's disability rating for residuals of a head injury was reduced from 50 percent to 30 percent. The Board has determined that the evidence supports restoring the 50 percent evaluation for the period from July 1, 1998 to August 12, 1999.

The Board has determined that the veteran's service-connected right and left leg disabilities do not warrant an initial compensable evaluation based on the evidence of record.

The veteran's claim for service connection for a lung condition was denied in December 1988, and the effective date of his current grant of service connection is October 4, 1996. The Board found that the original denial was not clearly and unmistakably erroneous.

The Board has determined that the veteran's claim for service connection for memory loss, claimed as a residual of a brain concussion, cannot be reopened due to lack of new and material evidence. The claim for an increased rating for healed fractures of the left hand was denied because the veteran failed to report for a scheduled VA examination.

The Board has denied the appellant's claims for service connection for peptic ulcer disease and residuals of oral surgery, and has not reopened his claim for service connection for an acquired psychiatric disorder (paranoid schizophrenia).

The Board denied the veteran's claim for service connection for periodontal disease as new and material evidence was not submitted, resulting in a final denial of the claim.

The Board has remanded the case due to additional development being required, including obtaining records related to the appellant's right eye injury and periods of active/inactive duty for training. The claim remains denied.

The veteran's claim for payment of his full disability compensation is denied because he is still incarcerated as a result of a felony conviction, and the law absolutely prohibits the payment of such benefits while in prison.

The Board denied the appellant's request to revoke the forfeiture of VA benefits for fraud, finding that she did not submit new and material evidence exculpatory of her misdeeds or showing VA fraud in the original decision.

The Board of Veterans' Appeals denied the veteran's claim for a rating in excess of 10 percent for his service-connected right rotator cuff impingement syndrome.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code. The cause of death was attributed to squamous cell carcinoma.

The Board denied the appellant's claim for waiver of recovery of her VA indebtedness in the amount of $2,501.00, plus accrued interest due to a failure to file a timely request within 180 days after notification.

The Board denied the veteran's claims for increased evaluations for Haglund's deformity of both heels and service connection for a lower back disability claimed as secondary to his service-connected Haglund's deformity. The RO has not obtained all relevant treatment records, particularly those from Dr. Keye.

The Board denied service connection for brain tumors, concluding that the preponderance of evidence does not support a finding that the tumors are related to the veteran's period of active duty.

The veteran's disability compensation benefits were appropriately reduced due to his incarceration and the appeal is denied.

The Board denied the veteran's claim for an earlier effective date for the payment of additional compensation by reason of a dependent spouse, finding that the earliest date benefits can be paid is January 1, 1999.

The Board has determined that the veteran's vitiligo of the lower lip warrants a 10 percent disability rating, effective from June 1997.