Other conditions decisions — 2001

The Board found that the veteran's duodenal ulcer does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for a 40 percent or higher evaluation under Diagnostic Code 7305.

The Board denied an initial evaluation in excess of 30 percent for the veteran's atrophy of the right thigh muscles, finding that the disability approximates moderately severe muscle injury but does not meet criteria for severe muscle injury.

The Board has granted a 10 percent disability evaluation for the left lateral meniscus tear and assigned an effective date of November 20, 1995. The appellant's claim for earlier effective dates is moot due to the assignment of a higher rating.

The Board found no new and material evidence to reopen the claim, thus denying it. The appellant's character of discharge barred him from VA benefits.

The Board has granted the veteran's waiver of recovery of an overpayment of compensation benefits, finding that fault lies with the veteran for not reporting changes in dependency status and incarceration. The decision also notes that continued collection would not defeat the purpose of VA disability compensation benefit program.

The Board found that the veteran's service-connected residuals of a shell fragment wound to the right arm to Muscle Group III do not warrant an evaluation in excess of 20 percent.

The veteran seeks service connection for ruptured tympanic membranes of both ears, which were noted in service. The RO denied the claim as not well grounded due to lack of current disability evidence. The Board has determined that additional development is needed under the Veterans Claims Assistance Act of 2000.

The Board denied increased evaluations for the veteran's shell fragment wounds of the right lower leg and thigh, finding that the evidence did not meet the criteria for higher ratings based on muscle injuries or scars.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed in-service stressors and the diagnosis of PTSD. The RO is instructed to verify the alleged stressful events, obtain additional medical records, and provide a VA psychiatric examination if necessary.

The Board of Veterans' Appeals has granted the waiver of recovery of an overpayment in the amount of $8,248 for death pension benefits. The decision states that the claimant promptly notified VA of changes in her Social Security income and that there was fault on both sides, with the VA primarily at fault for creating the overpayment.

The Board found that the veteran had testamentary capacity at the time he changed his beneficiary, and thus the appellee is entitled to receive the proceeds of the insurance policy.

The Board found that the veteran's ulcer condition is not related to his service or a service-connected dysthymic disorder, and thus denied his claim.

The veteran died of cancer of the brain. The Board found no evidence to support a service connection for his death and denied both the cause of death claim and the educational assistance claim.

The veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not made within the required 180-day period after notification of indebtedness.

The Board has granted a disability evaluation of 20 percent for the residuals of a gunshot wound to the left upper arm, involving Muscle Group V. The veteran's service-connected condition is now rated as 20 percent disabling.

The Board denied the veteran's claim for an extraschedular evaluation for his right ankle disability, which was currently rated at 20 percent. The RO found that the evidence did not show that the veteran's right ankle condition rendered him unemployable beyond what was contemplated by the current rating.

The veteran's death was in October 1992, and a claim for DIC benefits was not received until August 1996. The effective date of the DIC benefit is September 1, 1996.

The Board determined that there is no competent evidence linking the veteran's recent complaints to his in-service injury, and therefore denied entitlement to service connection for the residuals of a jaw injury.

The Board denied the veteran's claims for service connection and an increased rating for his right knee condition, finding no new and material evidence to reopen the claim of residuals of cold injury to both feet.

The veteran is seeking an earlier effective date for the grant of service connection for paroxysmal atrial tachycardia, which was granted in May 1999 based on new and material evidence. The RO assigned an effective date of August 15, 1994.