Other conditions decisions — 2001

The Board has reopened the veteran's claim for service connection for colon cancer with metastases to lung and liver, finding that new and material evidence had been submitted. The case is remanded for further development and readjudication.

The Board dismissed the veteran's claims for service connection due to a failure to file timely substantive appeals, and as there were no issues of service connection in play, the appeal was dismissed.

The Board has denied the veteran's claim for an increased rating for his service-connected residuals of a gunshot wound to the left lower leg, currently evaluated as 20 percent disabling.

The veteran's osteomyelitis of the spine has not caused marked interference with employment or necessitated frequent periods of hospitalization as to render impractical the application of the regular schedular standards, thus preventing an extra-schedular evaluation.

The Board denied the veteran's claim for service connection for a dental disorder, finding no new and material evidence to reopen the claim.

The Board found that the veteran's cause of death was due to complications from plasmacytoma, but did not meet the criteria for service connection as it occurred more than one year after separation from service.

The Board has granted an increased evaluation of the veteran's hypotensive lower esophageal sphincter with distal esophagitis to 30 percent, effective from August 1994. The claim for service connection for irritable bowel syndrome remains pending.

The Board has remanded the case due to conflicting opinions about whether medications prescribed by VA caused or aggravated the veteran's gastrointestinal disability, and for compliance with the Veterans Claims Assistance Act of 2000.

The Board granted service connection for Crohn's Disease effective March 31, 1994, and found that the veteran's earlier claim should have been considered as part of this grant. The decision also addressed his bilateral knee disability secondary to Crohn's disease.

The Board denied the appellant's request for waiver of recovery of an overpayment of nonservice-connected death pension benefits because it was not filed within the required 180-day period following notification of indebtedness.

The Board denied an increased evaluation for the service-connected residuals of enucleation of the left eye, finding that a 10 percent rating was appropriate based on current visual acuity in the right eye.

The veteran's SSA retirement benefits were found to be countable income for purposes of determining his eligibility for nonservice-connected pension benefits, and thus the appeal is denied.

The Board has scheduled the veteran for a hearing and is remanding the case back to the RO for further action.

The Board found that the veteran's injuries were sustained as a result of his own willful misconduct, and thus not incurred in the line of duty.

The Board denied the appellant's claim for service connection for an acquired psychiatric disorder, finding that his current mental illness is related to a personality disorder he had in-service.

The veteran's claim for recognition of L.C. as his dependent spouse for VA benefit purposes has been denied due to the legal impediment of a prior marriage.

The veteran's hip and back disabilities are determined to be the result of his VA surgical treatment, which is granted.

The Board has granted a 10% evaluation for the veteran's postoperative right breast fibroadenoma, finding that the condition is manifested by tenderness and pain over the surgical scar area.

The Board of Veterans' Appeals (Board) has determined that the appellant is not a veteran and therefore does not have legal entitlement to Department of Veterans Affairs benefits.

The Board finds that the veteran's failure to promptly notify VA of his divorce was significant fault, but also acknowledges his health issues during the period in which the overpayment was created. The balance of fault is in equipoise, and recovery of the overpayment would not be against equity and good conscience.