Other conditions decisions — 2001

The veteran's failure to report his and his spouse's additional income resulted in an overpayment of Improved Disability Pension benefits. The Board found bad faith on the part of the appellant, leading to denial of waiver of recovery.

The Board denied the application to reopen the previously and finally denied service connection claims for a left-hand disability and a left elbow disability due to lack of new and material evidence.

The Board has granted the veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $1,802.53 due to fault on his part and undue hardship resulting from repayment.

The VA has determined that the appellant's varicose veins of the left lower extremity are currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 7120. The claim for an increased rating is denied.

The Board denied the petition to reopen a claim for service connection for residuals of a head injury due to lack of new and material evidence.

The Board has determined that the RO's decision denying secondary service connection for a right leg disability as secondary to a service-connected low back disability is not well grounded and requires additional development of evidence.

The Board of Veterans' Appeals has determined that the veteran's service-connected conversion reaction does not warrant a disability evaluation in excess of 10 percent.

The Board has denied the veteran's claims for service connection of cardiovascular disease, prostatitis, and venous insufficiency as there is no medical evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been submitted to revoke the forfeiture of eligibility for VA benefits imposed against the appellant in accordance with 38 U.S.C.A. § 6103(a).

The Board has determined that additional development is required due to the potential relevance of medical records and the need for a review by VA cardiologists. The case will be returned to the RO for this purpose.

The Board has determined that the veteran's cause of death, chronic lymphocytic leukemia, is related to his service exposure to Agent Orange. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for a stress disorder. The case will be remanded to obtain additional records from SSA and California Department of Rehabilitation.

The Board has determined that the veteran's service-connected spondylolisthesis at L5-S1 and spondylolysis at L5 warrants a 20 percent evaluation, reflecting moderate limitation of motion.

The Board has dismissed the appeal because the veteran died before the decision was made, and thus the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims regarding effective dates and service connection for residuals of a mouth injury, finding that an earlier effective date was not warranted due to the lack of evidence showing entitlement within one year after separation from service. The CUE claims were also found to be legally insufficient.

The Board denied an earlier effective date for the grant of service connection and award of disability compensation for hammertoe formation of the 4th and 5th digits of each foot, finding that the veteran's claim was previously denied in May 1983 and did not have a valid appeal within one year. The earliest possible effective date is therefore July 27, 1997.

The Board denied the veteran's claim for service connection for cancer of the tongue, finding that it was not incurred or aggravated by active service and could not be presumed to have been due to herbicide exposure.

The Board denied the veteran's claims for secondary service connection for a right knee disability and residuals of a left leg injury as well as his attempt to reopen his claim for service connection for a heart murmur. The decision also noted that there was no new and material evidence submitted since the February 1971 RO decision.

The Board found that the appellant has forfeited all right, claims and benefits under VA laws due to her fraudulent statements regarding her marital status.

The Board has granted service connection for Post Traumatic Stress Disorder (PTSD) and assigned a rating of 100% effective from the date of receipt of the claim.