Other conditions decisions — 2001

The Board found that the RO did not commit CUE in assigning a 10 percent rating for ileocolostomy, residuals of a resection of the terminal ileum and cecum with residual ileocolitis. The issue of an increased rating for Crohn's disease is remanded due to insufficient examination results.

The VA Regional Office denied the appellant's claim for service connection for the cause of her husband's death. The decision is based on the new Veterans Claims Assistance Act of 2000, which requires additional notification and development action.

The veteran's pancreatic cancer is being evaluated for potential service connection due to radiation exposure, but the RO has determined that he does not qualify as a 'radiation-exposed veteran' under VA regulations. The case is being remanded for further development and consideration of the claim.

The Board denied the veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that he acted in bad faith by failing to report his Social Security income and earned income. The decision was based on the veteran's repeated failure to report this information despite being notified multiple times.

The Board denied the waiver request for recovery of an overpayment in improved disability pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the overpayment.

The veteran's claim for earlier effective date for service connection and evaluation of hammer toes, bilateral, was granted. The effective date is set as the date of receipt of the application to reopen the claim.

The veteran's service-connected deformity of the left hand little finger is currently rated as 10 percent disabling. The Board found that this level of disability does not warrant a higher evaluation, as it is most consistent with the current 10 percent rating.

The veteran's claim for an earlier effective date for compensation under the provisions of 38 U.S.C.A. § 1151 was denied as there is no provision in law for such a request and the June 1985 rating decision denying service connection for loss of right testicle remains valid.

The Board found new and material evidence suggesting a link between the veteran's service injury and his current eye disability, thus reopening the claim. The decision is mixed as some issues support granting service connection while others do not.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits is granted, as it would not be against equity and good conscience to recover the overpayment.

The Board has determined that the veteran's service-connected residuals of gunshot wounds involving Muscle Group XVII are currently productive of moderately severe impairment, warranting a 40 percent disability evaluation.

The case is being remanded for a Board hearing by videoconference at the appellant's local VA regional office.

The Board found that the appellant was not eligible for DIC benefits as the surviving spouse of the veteran due to her legal divorce from him at the time of his death in September 1991.

The Board denied the veteran's application to reopen a claim of service connection for a right ear disability, finding that the new evidence submitted was cumulative and did not establish a basis for reopening the claim.

The Board has determined that the appellant does not have valid service in the United States Armed Forces and therefore, is not a veteran for purposes of entitlement to VA benefits.

The Board has determined that the veteran's service-connected corneal opacities of the right eye do not currently result in any compensable disability, as there is no active pathology and the current visual impairment is attributed to other ocular conditions. As a result, an increased rating for this condition is denied.

The Board found that since January 1999, the veteran through his custodian was providing for his dependents and reasonably discharged his responsibilities to his spouse and children. Therefore, apportionment was terminated as of January 1, 1999.

The Board denied the claim as the deceased veteran was not a 'veteran' for any purpose under Chapter 23, and thus not eligible to claim VA burial benefits.

The veteran's appeal is about a disability rating for neurotic excoriations. The RO increased the rating from 10 to 50 percent in March 1999, but the veteran wants an even higher rating. The case has been remanded due to the need for additional medical examinations and development of evidence.

The veteran's transitional cell carcinoma of the bladder is granted service connection as it was incurred during his active duty. The claim for hearing loss has not been reopened due to lack of new and material evidence.