Other conditions decisions — 2001

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a dental condition, which was previously denied in March 1979. The claim is now reopened.

The Board has granted an increased rating of 10 percent for the service-connected bilateral conjunctivitis with postoperative right dacryostenosis, finding that the disability picture more nearly approximates the criteria necessary for a 10 percent evaluation under Diagnostic Codes 6025 and 6031 for unilateral epiphora.

The Board has granted service connection for post-traumatic stress disorder (PTSD) based on direct evidence of a link between the veteran's reported in-service stressors and his current symptoms.

The veteran's appeal is being remanded for additional development of the record, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected herniated disc at L4-L5. The RO must also ensure that all notification and development actions required by the Veterans Claims Assistance Act of 2000 are completed.

The Board of Veterans' Appeals has determined that the veteran's nasal deviation, status post septoplasty, was incurred as a result of his active duty service and has granted the claim for service connection.

The veteran's appeal regarding service connection for neurological/multisystem disability claimed as analogous to Gulf War Syndrome and also claimed as due to exposure to multiple chemical and/or biologic agents was dismissed because he did not file a timely substantive appeal. The issue of service connection for suprasellar arachnoid cyst is still pending.

The Board has granted service connection for a left hip disorder, finding that the condition is related to an in-service injury.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error (CUE) due to insufficient specific allegations of CUE.

The Board found the appellant at fault in creating the loan guaranty indebtedness and denied waiver of recovery due to his failure to exercise reasonable financial management.

The Board found no evidence of a chronic cardiovascular disorder during service or within the applicable presumptive period, and concluded that the veteran's current cardiovascular disease is not related to his military service.

The Board found that the appellant's request for a waiver of recovery of a loan guaranty indebtedness plus accrued interest was not timely filed, and therefore denied the appeal.

The Board finds that the veteran's claimed respiratory disorder, left elbow disorder, and gastrointestinal disorder are not related to his service. The evidence does not support a finding of direct service connection for these conditions.

The Board found that the appellant did not timely file a substantive appeal regarding the October 1996 rating actions, but she did timely file an appeal with regard to the July 23, 1997 administrative decision. The RO is instructed to review the additional evidence submitted by the appellant since the October 1997 Statement of the Case and readjudicate the issue of entitlement to unreimbursed medical expenses of the deceased veteran for 1994, 1995 and 1996.

The veteran's appeal was denied as the recovery of overpayment would not be against equity and good conscience.

The Board has restored a 30 percent rating for the veteran's right inguinal hernia, finding that the reduction in evaluation was not supported by full and complete examination.

The VA denied the veteran's claim for an increased evaluation of his gastritis, currently rated at 10 percent.

The veteran's right eye disability was not rated as totally disabling for a period of 10 years prior to his death, and therefore the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The M&ROC denied the claim for an increased evaluation for a fracture of the right fifth metacarpal and also denied the issue regarding clear and unmistakable error in the November 1993 rating decision denying service connection for PTSD.

The Board denied the veteran's request for waiver of recovery of a debt stemming from an overpayment of nonservice-connected pension benefits, finding that the creation and calculation of the debt was due to bad faith or lack of good faith on the part of the veteran.

The veteran's claims for service connection for residuals of a right infratentorial meningioma (brain tumor) and throat injury were denied. The appeal is not about service connection at all.