Other conditions decisions — 2001

The VA determined that the veteran's cerebral artery stroke was not caused by his military service.

The veteran's peripheral vascular disease with severe claudication of both lower extremities is rated at 100% disabling, and he is also entitled to special monthly compensation based on loss of use of both feet.

The Board has determined that the veteran's bilateral avascular necrosis of the hips is a result of injury during his active military service and grants service connection for this condition.

The Board denied the veteran's request to reopen his claim for service connection due to postoperative residuals of Klippel-Feil syndrome with fusion at C6-7, finding that new and material evidence had not been submitted. The decision also noted that the veteran's current chronic neck pain was not related to his service-connected Klippel-Feil syndrome.

The veteran's right hip disability, rated at 30 percent disabling, is currently productive of subjective complaints of pain and limited motion. The Board finds that the current rating adequately reflects her level of impairment.

The Board denied the appellant's claim for VA benefits because he did not meet the requirements to be considered a veteran, and therefore cannot establish basic eligibility for these benefits.

The Board has restored the previously-assigned 10 percent disability rating for the veteran's service-connected left varicocele.

The Board has determined that recovery of the overpayment would not cause undue hardship and is therefore granted.

The Board found that the overpayment debt of improved disability pension benefits was properly created and assessed to the veteran due to his failure to accurately report his total family income for a specific period, resulting in retroactive overpayment.

The Board found that the October 21, 1946 rating decision was not clearly and unmistakably erroneous in assigning a 20 percent rating for the appellant's shell fragment wound of the right gluteal region. The RO did not commit CUE in its decision. Therefore, the appellant is not entitled to a higher rating.

The Board denied the veteran's claim of basic eligibility for VA benefits due to lack of new and material evidence, as the submitted documents were duplicative and did not prove qualifying service.

The veteran's claim for service connection for residuals of fractures of the left tibia is being remanded due to new regulations and additional development required under the Veterans Claims Assistance Act of 2000.

The veteran withdrew his appeal before the Board could make a decision.

The Board denied the appellant's request to reopen his claim for nonservice-connected disability pension benefits, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for service connection for psychoneurosis and for an effective date earlier than January 26, 1973, for a total rating based on individual unemployability. The decision regarding service connection was due to the denial of CUE in the prior rating decision, while the claim for an earlier effective date was denied as there were no criteria met.

The Board denied service connection for porphyria in December 1983, and the veteran's motion alleging clear and unmistakable error was denied.

The veteran's service-connected history of sarcoidosis has been manifested by residual respiratory findings consistent with slight dyspnea on exercise prior to October 7, 2000. The veteran is granted a compensable evaluation for this condition.

The Board found that the veteran's service-connected injury of the left eye with retained foreign bodies warranted a 10 percent evaluation, but did not warrant an increase beyond this level. The worsening visual acuity was attributed to cataracts rather than the retained foreign bodies.

The veteran's claim for an increased rating for left orchialgia, status post varicocele surgery is being remanded due to the need for updated VA examination and additional development of medical records.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $9824 was timely submitted and may be considered on its merits. The case is remanded to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).