Other conditions decisions — 2001

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a left varicocele, which was initially denied in March 1992.

The Board is remanding the case due to inadequate examination report and need for additional evidentiary development, including obtaining VA treatment records and scheduling a VA examination.

The Board has remanded the case for further development, including verifying service dates and obtaining medical records. The appellant's claim for service connection on all issues is pending.

The veteran's adjustment disorder, panic disorder with agoraphobia was granted a 50 percent evaluation from November 7, 1996. Service connection for left eye strabismus was denied.

The Board has determined that the overpayment was not created through fraud, misrepresentation of a material fact, or bad faith on the part of the appellant. The appellant's failure to timely report her incarceration did not constitute fraud, misrepresentation, or bad faith in this case.

The veteran's service-connected mild anemia, secondary to medication for his service-connected knee disability, is currently rated at 10 percent. The Board finds that the criteria for a higher rating have not been met.

The Board found that the appellant knowingly and intentionally submitted false statements regarding her relationship with R.C., leading to the forfeiture of all rights, claims, and benefits under VA laws.

The veteran's claim for an increased disability rating for service-connected residuals of a right little finger injury is being remanded due to inconsistencies in the examination reports and the need for further evaluation.

The Board has determined that there is no evidence to support a claim of service connection for a post projectile wound of the right forearm, as any injury occurred after separation from military service.

The Board has decided to remand the case due to a need for additional development and notification under the Veterans Claims Assistance Act of 2000.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has reopened the veteran's claim of service connection for dengue fever and residuals of dengue fever to include a bilateral eye disorder with cataract removal, but denied the claim as new evidence did not establish that the current eye conditions are related to the veteran's military service.

The Board denied the appellant's request for waiver of recovery of her debt stemming from the overpayment of pension benefits, finding that it was not submitted within 180 days of notification.

The Board has granted a rating of 30 percent for hidradenitis suppurativa, effective March 3, 1994. The earlier effective date of September 27, 1995 for service connection of dysthymia is also confirmed.

The Board denied the appellant's claim for payment of the proceeds from her husband's NSLI policy, finding that he had validly changed his beneficiary to his daughter.

The veteran's pruritis ani is granted a 10 percent evaluation, effective from the date of this decision.

The veteran's service-connected conditions have been evaluated, and the RO has determined that a higher rating is not warranted.

The veteran was rated at 100% for his service-connected disabilities from May 1945 to May 1951. He was subsequently rated at 80% until his death in August 1960. The evidence does not show that he would have been entitled to a 100% rating but for CUE in previous VA decisions, and the actual receipt of a continuous total rating is also not shown.

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

The Board denied the veteran's claims for an increased evaluation for laryngitis and a compensable evaluation for residuals of cancer of the larynx, finding that there was no evidence of active laryngeal cancer or recurrence.