Other conditions decisions — 2001

The Board denied the veteran's claim of entitlement to service connection for residuals of a back injury, finding that new and material evidence had not been submitted to warrant reopening his previously denied claims.

The VA determined that the appellant is not eligible for VA benefits due to a lack of verified active service.

The Board denied the veteran's claim for an increased evaluation of his service-connected residuals of a right little finger injury, currently rated at 30 percent.

The Board determined that the appellant is not the veteran's surviving spouse for VA benefit purposes due to a legal impediment preventing their marriage from being valid under Philippine law.

The Board found that the veteran did not present sufficient evidence to establish service connection for strokes or clots. The decision is mixed as it addressed both direct service connection and compensation under section 1151.

The veteran's disability, residuals of a laceration of the left cubital sphere with median nerve and muscle damage, is currently evaluated at the maximum schedular rating available under the appropriate diagnostic code. The criteria for entitlement to TDIU have been met.

The Board has denied the veteran's claim for service connection for Hodgkin's Disease, finding that it was not incurred during active duty or inactive duty training.

The Board granted an increased evaluation of 10 percent for left trochanteric bursitis, finding that the veteran's pain during flare-ups significantly limited his range of motion.

The Board has remanded the case for further development due to a significant change in the law and issues related to verifying military service. The appeal is considered 'mixed' as it involves reopening of a claim, which could result in either granting or denying the basic eligibility for VA benefits.

The veteran's claim for service connection for a torn ligament on the right side of his groin was denied by the RO, and he appealed. The case is being remanded to obtain additional medical records and to provide the veteran with an examination to determine if his current condition had its onset during his period of active duty.

The veteran's service-connected postoperative residuals of a pterygium of the left eye are manifested by some scarring that does not interfere with vision, and no current pterygium is present. The veteran has other visual problems with both eyes which are not related to his service-connected condition.

The Board has determined that the veteran's status post septoplasty with mucociliary dysfunction and impairment of nasal air flow warrants a 30 percent evaluation, reflecting more than six episodes of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board has determined that the veteran's death was caused by metastatic adenocarcinoma of the esophagus, which is service-connected. The appellant is therefore granted service connection for the cause of the veteran's death and established as eligible for Dependents' Educational Assistance under Chapter 35.

The Board found that the appellant's hearing impairment of the right ear was not incurred or aggravated by active service and denied his claim.

The Board found that the overpayment was properly created and that the appellant had bad faith in creating it. Therefore, waiver of recovery is denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension benefits, finding that his conduct was in bad faith due to his failure to notify VA of his felony conviction and sentencing. The decision is based on the appellant's lack of notification despite being advised multiple times.

The Board has denied the veteran's claims for increased evaluations for her hallux valgus in both feet, finding that the current ratings of 10% are appropriate given the severity and nature of her disability.

The veteran's claim for an earlier effective date for the payment of benefits by reason of dependent spouse and stepson is denied. The proper effective date would be determined according to the provisions of 38 C.F.R. § 3.401(b).

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for right eye chorioretinitis, and the June 1964 rating action denying entitlement to service connection for conjunctivitis and right eye macular degeneration is not final.

The Board has determined that the reduction in rating from 100% to 60% for residuals of adenocarcinoma of the prostate secondary to herbicide exposure with a history of prostatitis and bladder diverticulum is proper.