Other conditions decisions — 2001

The Board denied the veteran's claims for increased evaluations of his service-connected hallux valgus with hammer toes in both feet, finding that the current evaluations (10%) are appropriate given the clinical findings and diagnostic codes applied.

The Board denied the veteran's claims of entitlement to a compensable disability evaluation for bilateral nerve deafness and an effective date prior to August 23, 1983 for the assignment of a 10 percent disability evaluation for tinnitus. The evidence did not warrant a compensable evaluation under relevant criteria.

The veteran's service-connected skin disorder of the legs and right arm is rated at a 10 percent rating due to itching and extensive lesions.

The Board has determined that the veteran's myositis of the back muscles does not warrant a rating in excess of 10 percent, as his symptoms are more likely related to Ehlers-Danlos syndrome rather than myositis.

The Board denied the veteran's claim to reopen his service connection for a left foot and toe disorder, finding that no new and material evidence had been presented.

The Board has determined that the veteran's claim of a compensable rating for his service-connected bilateral pterygium is remanded due to inadequate examination report and need for additional medical records.

The veteran's claim for an increased disability evaluation for his service-connected psychogenic fugue is being remanded due to the need for additional VA and private treatment records.

The veteran's service did not meet the basic eligibility requirements for nonservice-connected disability pension benefits, and his claim is denied.

The veteran's claim for service connection for central retinal occlusion as secondary to his service-connected hypertensive vascular disease is being remanded due to insufficient medical evidence. The RO must schedule the veteran for a VA eye examination and ensure compliance with the Veterans Claims Assistance Act of 2000.

The VA denied the veteran's claim for basic eligibility to VA benefits due to a certification from the U.S. Army Reserve Personnel Command (ARPERSCOM) stating that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has granted the appellant's request for a waiver of recovery of an overpayment of $10,087 in death pension benefits due to her limited formal education and understanding of English.

The Board has granted a 10 percent disability rating for spontaneous pneumothorax, and has denied the veteran's request to reopen his claim for service connection for a spinal disorder.

The veteran's request for a waiver of recovery of an overpayment of pension benefits was denied due to the absence of fraud, misrepresentation or bad faith. The case is being remanded for further review and clarification.

The veteran's failure to report his incarceration for a felony led to an overpayment of disability compensation benefits. The Board found bad faith on the part of the appellant and denied waiver of recovery.

The Board of Veterans' Appeals has dismissed the motion seeking to review the October 12, 1982, July 24, 1986 and June 25, 1987 decisions that denied service connection for a brain tumor/fibrillary astrocytoma due to the withdrawal of the CUE review motion.

The Board denied the veteran's claim, finding that the $2557.00 received by his spouse from Sealaska Corporation in 1990 was countable income for VA pension purposes and thus not properly considered as income for computing an adjustment in his award of pension benefits.

The Board found that the overpayment was properly created due to the veteran's reduction in credit hours and his continued negotiation of payments, despite knowing he was no longer entitled to full-time benefits. The Board also determined that recovery would not be against equity and good conscience.

The veteran does not have an employment handicap and is therefore not entitled to vocational rehabilitation training.

The Board has determined that a 30 percent evaluation is warranted for the veteran's thrombophlebitis of the left leg, which is more favorable to her claim than the revised criteria effective January 12, 2001.

The VA determined that the veteran's blurred vision is due to a congenital refractive error and not related to service.