Other conditions decisions — 2001

The Board has determined that the veteran does not have a current eye disability as a result of service, and therefore denied his claim for service connection.

The Board has remanded the case due to missing medical records and a need for further examination. The veteran's claim of service connection for change in menstrual pattern is pending.

The Board denied the appellant's request for a waiver of recovery of loan guaranty indebtedness in the original amount of $25,300.00 due to her not being eligible for a waiver as she was not an obligor or co-obligor with the veteran.

The appellant's request for a waiver of recovery of an overpayment of widow's death pension was denied because it was not filed within the required 180-day period.

The Board has determined that the veteran's Crohn's disease, postoperative small bowel resection, was incurred during active duty and grants service connection for this condition.

The Board denied service connection for a dental disorder as there was no evidence of loss of substance of the body of the maxilla or mandible through trauma or disease such as osteomyelitis. The veteran's teeth were extracted due to carious and periodontal issues, which are not disabilities for which service connection may be established.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service with the United States Armed Forces.

The veteran's right eye blindness is rated at 30 percent, and the claim for an increased rating is denied.

The RO granted service connection for residuals of cold injury of both feet and assigned a 20 percent evaluation effective from June 10, 1996. The veteran's disability was re-characterized as residuals of cold injury of the right lower extremity and left lower extremity with separate 30 percent evaluations effective from January 12, 1998.,The RO denied service connection for residuals of cold injury of both feet in May 1995. The veteran submitted a petition to reopen his claim on June 10, 1996 and the RO granted service connection with a 20 percent evaluation effective from June 10, 1996.,The criteria for a disability evaluation in excess of 30 percent since January 12, 1998 were not met for residuals of cold injury of both feet. The veteran's symptoms included pain and distal peripheral neuropathy with mild swelling, tenderness, or redness.

The Board denied secondary service connection for a hypertensive disorder and angina, finding no credible evidence linking these conditions to the service-connected thrombophlebitis of the right leg.

The appellant is not entitled to non-service connected death pension benefits due to excess income in 1997.

The veteran's right index finger was amputated, and the metacarpal bone was also resected. The Board has granted a 30% evaluation for this condition.

The Board has reopened the veteran's claim of service connection for arthritis due to new evidence submitted since the last final RO decision in December 1968.

The VA determined that the veteran's left elbow injury residuals, which are currently rated as 10 percent disabling, do not warrant a higher rating based on the evidence of record.

The Board has granted a waiver of recovery for the overpayment of VA improved pension benefits in the amount of $1,644 due to hardship and lack of fault on the part of the veteran.

The veteran's claim for service connection for emphysema due to tobacco use in service or nicotine dependence is denied as lacking legal merit.

The veteran's claim for an effective date earlier than January 26, 1996 for the award of nonservice-connected pension benefits was denied. The RO considered his request for a total disability evaluation based on individual unemployability due to service-connected disability and requested additional information from him.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for ptosis of the left eye with mild visual field deficit.

The VA determined that the appellant's deceased spouse did not have qualifying service for VA benefits and denied the claim.

The Board has determined that a timely notice of disagreement was submitted regarding the denial of service connection for quadriplegia in September 1989, and therefore the underlying claim is remanded to issue a statement of the case.