Other conditions decisions — 2003

The Board has remanded the case due to procedural deficiencies in notifying the veteran of his rights under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is entitled to an increased evaluation for additional right eye disability, currently rated at 30 percent.

The veteran is not entitled to a retroactive payment of VA compensation benefits for the period from April 1994 to May 2000.

The Board has granted a separate 10 percent evaluation for ptosis of the left eye, which is related to the original blowout fracture and directly due to enophthalmos. The veteran's ptosis approximates moderate disfigurement of the face.

The Board found that the veteran's pre-existing left foot injury was not aggravated by service, and therefore denied his claim for service connection.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for a bilateral eye disorder, including optic atrophy with horizontal nystagmus, claimed as secondary to herbicide exposure. The VA will now proceed to evaluate the merits of this claim.

The Board has denied the appellant's claim for Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C.A. § 1318 due to procedural changes and an interpretive ruling.

The Board has determined that the appellant did not have qualifying service in the United States Armed Forces, as certified by the National Personnel Records Center (NPRC), and therefore does not meet the requirements for basic eligibility for VA benefits.

The Board denied the appellant's requests for waiver of recovery of overpayments totaling $3,537.00 due to her failure to timely file a request within 180 days of notification.

The Board denied the veteran's request for a waiver to recover an overpayment of pension benefits, finding that repayment would not be against equity and good conscience due to the veteran's fault in creating the debt.

The Board denied the appellant's claim for improved death pension benefits as her income exceeded the statutory limits.

The Board has granted an effective date of May 19, 1992 for the assignment of a separate 10 percent rating for a scar on the right index finger. The veteran's claims for increased ratings and service connection are still pending.

The Board found that the overpayment of VA improved pension benefits was properly created due to the veteran's acceptance of payments at a level he knew he was not entitled to receive, and thus concluded that the debt was valid.

The Board has determined that the veteran's herpes simplex virus warrants a rating of 60 percent effective August 30, 2002, based on constant use of systemic therapy to control the condition.

The Board denied the veteran's request for waiver of recovery of a loan guaranty indebtedness in the amount of $2,906.43 plus interest due to his fault in creating the debt and inability to repay it without causing undue hardship.

The Board is remanding the case for additional development to determine if the appellant's daughter was permanently incapable of self-support before turning 18.

The Board has determined that the veteran's postoperative duodenal ulcer disease is severe enough to warrant a 60 percent rating, which was granted.

The Board has granted a 30 percent rating for the veteran's service-connected herniation of the right rectus femoris muscle, which is currently manifested by moderately severe disability of Muscle Group XIV.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded to the RO for the requested development.

The Board has determined that the veteran does not have any current disabilities related to shrapnel wounds sustained during service, and thus denied his claim for service connection.

The Board has ordered further development in the veteran's case, including obtaining medical records and arranging for VA examinations. The appeal is currently remanded to allow for additional evidence collection and analysis.