Other conditions decisions — 2002

The Board denied the veteran's request for a waiver of recovery of a debt stemming from an overpayment of pension benefits due to his failure to report income from individual retirement accounts, which resulted in bad faith and loss to the government.

The Board found that the reduction of the rating for Non-Hodgkin's Lymphoma from 100 to 20 percent was proper, and denied the veteran's claim for an increased rating as his condition is in remission.

The Board has determined that the veteran's right hip bursitis warrants a disability rating of 20 percent, effective as of the date of this decision.

The appellant's claim for VA benefits was denied as they did not meet the basic service eligibility requirements and were not considered a veteran.

The Board denied an increased evaluation for the veteran's service-connected compression fracture of the twelfth thoracic vertebra, assigning a 20 percent rating effective August 27, 1993.

The Board has determined that the veteran's malaria is inactive and does not result in any residual disability, including damage to the liver or spleen. Therefore, an increased (compensable) evaluation for residuals of malaria is denied.

The veteran's hemiparesis of the left upper and lower extremities, as well as his dysarthria, are currently rated at 10 percent each. The RO has granted these ratings.

The Board has granted an initial rating of 10 percent for residuals of surgical removal of a varicocele of the left testicle, and denied a separate compensable rating for residuals of surgical removal of a hydrocele of the right testicle.

The veteran's right elbow disability, characterized by a bone fragment and lateral epicondylitis, was granted an evaluation of 10 percent effective from February 12, 1998.

The Board has found that new and material evidence has been received to reopen the claim of entitlement to service connection for ulcerative colitis, which was previously denied in May 1968. The veteran's testimony at a hearing and private medical opinions suggest that the onset of ulcerative colitis occurred during active service.

The Board determined that the appellant was not eligible to be recognized as the veteran's surviving spouse for VA death pension benefits due to her having obtained a divorce from the veteran prior to his death.

The Board found that the May 1946, November 1946 and April 1948 rating decisions denying a compensable evaluation for a gunshot wound to the left buttock and sacral region with residual scars did not contain clear and unmistakable error. The veteran's current disability is rated at 10 percent.

The Board has determined that the veteran requires regular assistance in most aspects of daily living activities, primarily with respect to protection from hazards and mobility issues due to service-connected disabilities. The claim for SMC based on need for aid and attendance is granted.

The VA has determined that the appellant's deceased spouse had no recognized military service with the Armed Forces of the United States and therefore, the appellant is not eligible for VA benefits.

The Board has determined that the veteran's metastatic squamous cell carcinoma of the left axilla was not incurred or aggravated by active service, nor may its incurrence or aggravation during active service be presumed. The primary site of the cancer remains unknown.

The Board denied the veteran's claim to reopen his service connection for a disability manifested by a balance problem and staggering, finding that new and material evidence had not been submitted.

The Board denied the veteran's request for waiver of recovery of loan guaranty indebtedness in the original calculated amount of $10,768.70 plus interest because it was not timely filed.

The Board found that the veteran's left orchiectomy was not incurred in service and denied his claim for service connection.

The Board has granted a 10% rating for the veteran's service-connected laceration of the right hand with arthralgia, finding that his symptoms more closely approximate ankylosis than non-ankylosis.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits, finding that she bore 'a great degree of fault' in creating the debt due to her incorrect reporting of income from U.S. Civil Service.