Other conditions decisions — 2001

The Board of Veterans' Appeals has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, including multiple instances of unauthorized absence (AWOL), leaving his guard post during a rainstorm, and threatening another servicemember with a machete. The Board found no evidence of insanity at the time of the offenses.

The Board denied the veteran's claims for increased ratings for his varicose veins, finding that there was no evidence of manifestations sufficient to warrant a higher rating.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral defective hearing and chest wound residuals. The veteran's claim for a compensable rating for his defective hearing was denied, while his claim for an increased rating for his chest wound residuals resulted in a separate 30 percent disability rating.

The veteran's claim for an annual clothing allowance was denied because his prosthetic feeding tube did not wear out or tear his clothes, and the stains were due to leakage from the tube rather than medication prescribed for a skin condition.

The Board has granted service connection for testicular atrophy due to mumps, finding that the veteran's current condition is linked to his in-service episode of mumps. Service connection for enucleation of the left eye was denied as no new and material evidence had been submitted.

The Board has denied the veteran's claims for service connection for a herniated nucleus pulposus, increased ratings for left and right leg myalgia, and a compensable rating for residuals of a right calf muscle biopsy. The temporary total rating based on hospitalization was also denied.

The Board has determined that the criteria for a rating in excess of 10 percent have not been met, and thus denied the veteran's claim for an increased rating for atrial fibrillation.

The Board has determined that the cause of the veteran's death, metastatic large cell carcinoma of the lungs, was not incurred in or aggravated by active service and is not presumed to have been incurred during such service. The appellant is also denied eligibility for DEA benefits as her husband did not meet the legal criteria for a total and permanent disability rating due to service-connected disabilities.

The Board found that the veteran's additional disabilities as a result of sternotomy were not due to VA's carelessness, negligence, or similar instance of fault. The Board concluded that the preponderance of evidence is against the claim.

The veteran's failure to disclose his wife's income in 1995 resulted in an overpayment of pension benefits. The Board found that the veteran engaged in a misrepresentation by not reporting this information, and thus denied his request for waiver of recovery.

The Board denied the appellant's claim of entitlement to DIC benefits for her son C.A. due to a lack of medical evidence showing that he was permanently incapable of self-support prior to his 18th birthday.

The veteran's overpayment of improved pension benefits was denied due to the creation of the debt being based on incorrect information about his income, and the RO requested further development regarding the creation of the overpayment.

The Board has determined that the veteran's left elbow disorder involving the synostosis of the left proximal radius and ulna was incurred as a result of active military service.

The Board has reopened the claim for service connection for myotonic muscular dystrophy and granted it, finding that the veteran's hereditary disease first manifested during active service.

The Board denied the veteran's request for an earlier effective date of March 10, 1997, for his service-connected disability compensation at the 100 percent rate on account of non-Hodgkin's lymphoma.