Other conditions decisions — 2001

The Board has determined that the February 1946 and May 1948 rating decisions involved clear and unmistakable error in assigning a 10 percent disability evaluation for the service-connected shrapnel wound scars. The May 1995 rating decision, however, did not involve CUE as there was no evidence of record at that time supporting a higher rating.

The Board has remanded the veteran's claims for service connection due to a change in the law regarding veterans' benefits, specifically the Veterans Claims Assistance Act of 2000.

The VA denied an increased disability rating for the veteran's service-connected degenerative joint disease of the left hip, currently rated at 30 percent.

The Board denied the veteran's claim for special monthly compensation (SMC) for loss of use of his left lower extremity, finding that there was no evidence to support a finding of 'loss of use' as defined by VA regulations.

The Board denied the appellant's claim because his service did not establish him as a veteran for VA purposes.

The Board found that the appellant did not intentionally fail to disclose the accurate income information, and thus waived recovery of the overpayment of VA improved pension benefits.

The Board denied the reduction of the veteran's compensation benefits due to his incarceration, finding that the law and regulations did not allow for full payment during this period.

The Board dismissed the appeal because no timely substantive appeal was filed regarding the issue of an earlier effective date for a 30 percent rating for a left elbow disorder.

The Board has granted service connection for hematuria and attention deficit disorder/decreased mental functioning, and the disability rating for bilateral hearing loss is maintained at 20 percent.

The Board has determined that the veteran's palatal defects and maxillary bone loss are not severe enough to warrant a compensable disability rating, as they can be replaced by prosthetics.

The Board has denied the appellant's claim of entitlement to service connection for the cause of her husband's death secondary to tobacco use and/or nicotine dependence, finding that it was not well-grounded.

The Board has denied the veteran's claim for disability benefits under 38 U.S.C.A. § 1151 due to his right eye blindness, which he claims is a result of VA surgical treatment in April 1979 at the Atlanta VAMC. The appeal was not about service connection.

The veteran's death was not caused by his service-connected duodenal ulcer or any other event of his active service. The Board found that the preponderance of evidence does not support a finding that the cause of the veteran's death was related to his service-connected condition.

The Board denied an increased disability evaluation for the veteran's laminectomy and discectomy of L4-5, finding that the current 40 percent rating adequately reflects his symptoms.

The Board denied the veteran's request for an effective date prior to May 21, 1999, for the grant of special monthly compensation based on his spouse's need for aid and attendance.

The Board denied the veteran's request for a waiver of recovery of overpayment of pension benefits, finding that repayment would not be against equity and good conscience.

The veteran's service is not considered active military, naval or air service for the purposes of awarding nonservice-connected pension benefits.

The veteran's appeal is denied as he does not meet the requirements for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board has remanded the case due to changes in law and regulations, including the Veterans Claims Assistance Act of 2000. The RO must provide proper notice under this act and adjudicate the claims for service connection for cause of death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318.

The Board has denied service connection for bladder tumor and prostate disability, but granted a 20% evaluation for the left elbow scar with resultant traumatic arthritis.