Other conditions decisions — 2001

The Board found no clear and unmistakable error in the reduction of the veteran's disability rating from 50% to 40%, based on the correct application of VA regulations at the time.

The veteran's claim for a total rating for compensation purposes based on individual unemployability is remanded. The issue of service connection for an eye disability remains pending and requires the issuance of a statement of the case.

The Board has determined that the reduction from a 30 percent to a 10 percent evaluation for service-connected bilateral varicose veins was proper due to sustained improvement in the veteran's condition.

The Board found that the veteran's current left eye disability was not incurred during service and denied his claim for service connection.

The Board found no evidence of nicotine dependence and concluded that the veteran's pulmonary disability was not incurred in or aggravated by service, nor is it attributable to tobacco use in service.

The Board denied the veteran's claims of entitlement to a compensable rating for his deviated nasal septum and service connection for his chin laceration scar, finding that there was no current disability related to these conditions.

The Board has determined that the appellant's claim for an earlier effective date for DIC benefits is granted, with the effective date being July 1, 1992.

The RO denied the veteran's claim for an increased initial evaluation for his postoperative residuals of excision on right hand, to include scar.

The Board has granted the veteran's claim of entitlement to helplessness child status, but denied a request for an earlier effective date. The effective date remains June 1, 1998.

The Board has determined that the appellant's claim for apportionment of her husband's disability compensation on behalf of their minor child is granted, effective October 1, 2000.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for spondylosis, L5-S1, right side. The case is now remanded for further development.

The veteran's application for educational assistance benefits was granted with an adjusted delimiting date of September 12, 2000. The Board found that the RO properly reduced the ten-year period of eligibility due to a break in active duty service from June 14, 1977, until September 1, 1980.

The Board has determined that the veteran's service-connected residuals of a thrombosis of the right subclavian vein are entitled to a 20 percent rating, based on persistent edema and symptoms such as pain and weakness in the right arm.

The Board has determined that the veteran's malaria and its complications do not warrant a compensable rating, as there is no evidence of active disease or relapses. The RO will conduct further development to consider any residuals from the veteran's service-connected malaria.

The Board dismissed the motion for revision of a decision based on CUE due to insufficient information provided by the moving party.

The veteran's chronic prostatitis is currently rated at 20 percent, and the Board found no evidence to warrant an increased evaluation.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $12,944.00 due to her engaging in unfair and deceptive dealings with VA by failing to report changes in income.

The veteran claims service connection for residuals of a right eye injury sustained during active duty. The Board has determined that additional development is needed to obtain relevant medical records and provide the necessary examination.

The Board has determined that the appellant's request for waiver of recovery of an overpayment of improved death pension benefits was filed in a timely manner. The case is now remanded to consider the merits of her request.

The Board found that the veteran's preexisting disorders of the hips, legs, and back were not aggravated by active service. The claim for secondary service connection for a nervous condition as related to disabilities of the hips, legs, and back is without legal merit.