Other conditions decisions — 2001

The Board determined that there was no CUE in the May 1953 and December 1954 RO decisions which assigned a 50 percent rating for service-connected residuals of poliomyelitis, and denied the veteran's claims for an increase in his disability ratings. The RO continued the 20 percent rating for residuals of poliomyelitis affecting the right lower extremity with fracture of the distal right femur and proximal tibia.

The Board found that the veteran's failure to report his wife's income from a daycare business resulted in an overpayment of disability pension benefits, which was validly created. The veteran's intent to misrepresent his family's income with knowledge of the likely consequences led to the creation of this debt and is considered bad faith.

The Board found that the veteran's gastric ulcer and peritoneal lesions are causally related to his cobalt treatment for service-connected embryonal carcinoma of the right testicle, granting his claims.

The Board denied the veteran's claim for service connection for nervous condition as new and material evidence was not submitted, and the in-service diagnosis of schizoid personality disorder existed prior to service.

The Board finds that the veteran's service-connected gunshot wounds of the left arm aggravated his comminuted fracture of the left proximal humerus. However, there is no evidence to support a finding that the left tibial plateau fracture and nondisplaced fracture of the left elbow were caused or aggravated by his service-connected injuries.

The Board has granted a separate 10 percent evaluation for right ilioinguinal neuralgia, but denied an increased rating for postoperative residuals of right inguinal hernia repair.

The Board denied the veteran's claims for service connection for arthritis of the right hip and an increased rating for arthritis of the right (major) fifth metacarpal. The appeals are denied.

The Board found that the submitted evidence did not present new and material evidence to reopen the veteran's claim for service connection for bilateral hip, leg, and spine disabilities.

The veteran's claims for increased ratings and service connection for a back disorder were denied. The denial of the back disorder claim was based on lack of probative medical evidence establishing a causal relationship between the residuals of Guillain-Barre syndrome and the back disorder.

The Board found that the veteran's bilateral hearing loss was not incurred in or aggravated by his active military service. The preponderance of evidence showed no connection between his current hearing loss and service.

The veteran's dysthymia has been granted a 10 percent evaluation effective December 21, 1999. The current rating is based on the criteria for mild occupational and social impairment.

The Board of Veterans' Appeals has ordered further development to determine the validity and amount of an overpayment of educational assistance benefits for a specific period, as well as compliance with new VA regulations under the Veterans Claims Assistance Act of 2000.

The Board granted service connection for a neurological disability and increased the rating for diabetes mellitus to 40 percent, effective from July 1, 1980.

The Board found that the appellant did not file a timely Substantive Appeal to the RO's October 1994 decision granting DIC benefits, and thus denied her appeal.

The veteran's service was not considered wartime service, and therefore he is not eligible for nonservice-connected pension benefits.

The Board denied a compensable rating for the appellant's service-connected status post left inguinal herniorrhaphy, finding that there was no objective clinical confirmation of the criteria necessary for a compensable rating under Diagnostic Code 7338.

The Board found that the veteran's undiagnosed disability of the central nervous system existed prior to his active service and did not increase in severity during or as a result of his training with the reserves. Therefore, the claim for service connection was denied.

The veteran's overpayment of VA pension benefits was denied due to his misrepresentation of a material fact regarding his receipt of Commonwealth of Puerto Rico disability pension benefits.

The appellant's service with the Philippine Commonwealth Army, USAFFE (United States Armed Forces in the Far East), including recognized guerrillas, is not deemed to have been active military service for purposes of VA disability pension benefits.

The Board denied the appellant's claim of new and material evidence to reopen his basic eligibility for VA benefits, as no new or material evidence was presented.