Other conditions decisions — 2003

The Board has determined that the May 1953 rating decision denying service connection for a right eye disorder contained clear and unmistakable error (CUE). The veteran's claim is granted.

The veteran died from arteriosclerotic vascular disease, which was not service-connected and did not substantially or materially contribute to his death.

The Board has determined that the veteran does not have current disabilities related to her tubal ligation surgery, and thus service connection for residuals of bilateral tubal ligation is denied.

The Board found that the appellant acted in bad faith by continuing to receive DIC benefits after she remarried, resulting in an overpayment of $66,699. The Board denied her request for waiver of recovery of this overpayment.

The Board found that the veteran's post-polio syndrome resulted from aggravation of his pre-existing episodes of polio during active service.

The Board found that the veteran's appeal was not timely filed, and thus dismissed the case.

The Board denied the claim for service connection for the cause of death due to a lack of evidence showing that the veteran's esophageal cancer was incurred in or aggravated by military service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral pes cavus, which was previously denied in November 1999.

The Board has remanded the case due to new judicial precedent invalidating certain regulations related to duty-to-assist and VCAA requirements. The veteran's claim for an increased rating for residuals of head trauma is now pending with the RO.

The Board has denied the veteran's claim for service connection for squamous cell carcinoma of the soft palate, including as due to Agent Orange exposure. The case is being remanded for further development and consideration.

The Board has determined that the veteran is not competent to handle his VA compensation benefits due to his psychiatric disability, specifically encephalopathy of undetermined etiology with dementia.

The veteran's daughter does not meet the requirements for basic eligibility to Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code.

The appellant's notice of disagreement with the February 2000 denial of entitlement to Dependents' Educational Assistance benefits under Title 38, United States Code, Chapter 35 was timely filed. The appeal is granted.

The Board found no clear and unmistakable error (CUE) in the March 7, 1972 rating decision that assigned an initial noncompensable rating for residuals of shell fragment wounds of the left arm, left leg, left buttocks with retained foreign body, and posterior right thigh.

The Board found that the veteran did not timely file a notice of disagreement with the May 1999 denial of nonservice-connected pension benefits, and thus denied his appeal.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims for increased evaluations for his inguinal hernia and varicocelectomy. The RO must obtain relevant medical records, conduct a VA examination if necessary, and then readjudicate the claims.

The Board found that the veteran's neck and back disabilities were not incurred in or aggravated by service.

The veteran's request for an increased rating on his service-connected Bell's Palsy, right face was granted by the RO in July 2001. The current evaluation is 20 percent.

The Board of Veterans' Appeals has remanded the case due to additional evidence being added to the claims file, and the need for proper notification under the VCAA. The veteran's claim for Service Disabled Veterans Insurance (RH) remains denied.

The Board has determined that the veteran's current left elbow disability, including degenerative joint disease, is likely due to an injury sustained during service. As such, the claim for service connection is granted.