Other conditions Board decisions

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for bilateral macular degeneration, which was previously denied. The Board also found that the disability first manifested during active duty.

The Board denied the veteran's claim of service connection for craniotomy and shunt replacement, finding no evidence linking these conditions to his military service.

The Board of Veterans' Appeals declared a forfeiture against the veteran for knowingly submitting false information in connection with his claim for benefits, specifically listing F.R. as his daughter on an application form and providing false birth and baptismal certificates. The decision is final and denies the appeal to remain eligible for VA benefits.

The Board has determined that the appellant's father did not have qualifying service as a veteran, and therefore does not meet the eligibility requirements for VA burial benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a gastrointestinal disorder, variously claimed as a hiatal hernia or an ulcer. The veteran's claims were previously denied due to lack of evidence showing an ulcer condition during service.

The Board found no current evidence of ear infections and denied the veteran's claim for service connection.

The Board denied the veteran's claim for an increased disability evaluation for onychomycosis of the toenails bilaterally, finding that his symptoms did not warrant a higher rating.

The Board has granted service connection for dysthymia, finding that the veteran's current condition is related to his service in the Persian Gulf War. The fatigue and memory loss are not considered due to an undiagnosed illness as they are attributed to the diagnosed disorder of dysthymic disorder.

The Board has granted service connection for PTSD and assigned a 30 percent rating, effective from March 13, 2000. The application to reopen claims of service connection for duodenal ulcer and malaria was denied due to lack of new and material evidence.

The veteran's service connection claim for right hand disability is denied. The claims for residuals of an injury of the left middle finger and left hand disability other than residuals of an injury of the left middle finger are granted.

The Board denied the veteran's claims of entitlement to a higher initial rating for his service-connected left eye subcapsular cataract and denied his claim for service connection for periodontal disease for compensation purposes.

The veteran's claim for an increased evaluation for residuals of status post ORIF right lateral tibia plateau is denied. The current rating of 10% is still appropriate.

The Board found that the veteran's left brachial plexus neuritis, which is currently evaluated at 30 percent under Diagnostic Code 8613 for moderate incomplete paralysis of all radicular groups in a minor extremity, does not warrant an evaluation higher than 30 percent.

The Board found that the appellant's failure to notify VA of her remarriage did not constitute fraud, misrepresentation or bad faith. The overpayment was created due to her actions and no further development is required as all relevant evidence has been obtained.

The Board has determined that the veteran's service-connected right heel and left ankle fractures do not warrant an evaluation in excess of 30 percent, except for periods where temporary total ratings were assigned. The veteran's disabilities are currently rated as 30 percent disabling.

The veteran's bone spur of the right heel is rated at a 10 percent disability rating, effective October 27, 2000. This results in an increased combined disability rating to 80 percent.

The Board found that the appellant's failure to timely inform VA of her remarriage did not constitute fraud, misrepresentation or bad faith. The overpayment was therefore not precluded by these provisions and a waiver of recovery is granted.

The veteran's claim for an extension of her delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code is being remanded to the RO for scheduling a hearing before a Member of the Board at the RO.

The veteran's left third finger GSW residuals are manifested by muscle group IX injury, with some limitation of active motion. A 10 percent rating is granted for these residuals.

The Board has determined that the veteran's daughter is a helpless child of the veteran due to her mental retardation, which rendered her permanently incapable of self-support prior to reaching the age of eighteen.