Other conditions decisions — 2001

The Board denied the veteran's application to reopen his claim for service connection for arthritis of multiple joints, finding that the new evidence submitted did not meet the criteria for being considered 'new and material' evidence.

The claimant's divorce from the veteran at the time of his death means she cannot be recognized as a surviving spouse for VA benefits.

The Board has determined that the veteran's service-connected conditions do not warrant increased ratings. However, a separate 10 percent rating is granted for tender and painful right chest GSW scar.

The Board has granted a waiver of recovery of an overpayment of VA improved pension benefits in the amount of $219, finding that recovery would be against equity and good conscience.

The Board has determined that the veteran's blindness in the left eye is likely due to medical treatment he received at a VA facility in 1953 and 1954, which included corticosteroids. The decision grants benefits under direct service connection.

The veteran had no recognized service for VA pension purposes, and thus the appellant is not eligible for nonservice-connected death pension benefits.

The Board denied the veteran's request for a waiver of recovery of his overpayment of nonservice-connected pension benefits in the amount of $3,231 due to fault on both the part of the veteran and the VA. The decision found that the veteran was at fault in creating the overpayment by failing to report his daughter's income correctly, while the VA was also at fault for not adjusting the award promptly.

The veteran's appeal is denied as he did not meet the eligibility criteria for Chapter 30 educational assistance benefits under the provisions of 38 U.S.C.A. § 3011 and related regulations.

The VA has denied the veteran's claim for an increased rating for his service-connected post-operative patellar tendon repair, left knee. The current evaluation of 10% is considered appropriate given the slight disability level.

The Board denied the reopening of a claim for service connection for residuals of a back injury due to lack of new and material evidence, as the appellant's statements regarding his medical history were deemed insufficient.

The Board has denied the veteran's claim for service connection for residuals of a shrapnel wound to the left elbow, finding no current disability related to the injury incurred during active military service.

The VA has determined that the veteran's otitis media with a history of bilateral tympanic membrane perforation does not currently meet the criteria for an increased (compensable) evaluation, as his hearing loss is only at Level I.

The Board granted the veteran's request for an earlier effective date of June 30, 1992, for the grant of service connection for loss of use of his left foot. The decision also assigned a combined disability rating of 40 percent and special monthly compensation based on the loss of use of the left foot.

The Board has granted service connection for post-traumatic stress disorder and has determined that the veteran is entitled to a total rating based upon individual unemployability due to service-connected disabilities. The effective date of this decision remains pending as it pertains to an earlier effective date.

The appellant requested an earlier effective date for apportionment of the veteran's improved disability pension benefits, but was denied. The Board found that no legal merit existed to grant such a request.

The Board denied the veteran's claim for VA benefits due to forfeiture of entitlement, finding that the appellant is not legally entitled to such benefits based on a treasonable act committed by the veteran prior to his death.

The veteran's service-connected varicose veins were previously rated at 10% effective February 16, 1956. The RO reduced this to noncompensable effective June 11, 1957 unless the veteran provided additional evidence within 60 days.

The veteran's claim for additional educational benefits under Chapter 30, Title 38, United States Code was denied because he had already utilized the maximum allowable education entitlement.

The Board of Veterans' Appeals has determined that the veteran's service-connected left knee chondromalacia and degenerative joint disease does not warrant a higher rating than the current 10 percent.

The Board has granted an increased rating of 20 percent for the veteran's service-connected residuals of a fractured right thumb with traumatic arthritis, finding that this level adequately reflects his current disability.