Other conditions decisions — 2000

The Board denied service connection for craniofacial dystonia (Meige syndrome), claimed as brainstem lesions with organic brain syndrome and tardive dystonia causing TMJ dysfunction, finding that the disability was not incurred in or aggravated by service. The claim for reopening of a lipomatous lesion of the posterior neck was also denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of DIC benefits due to her intentional misrepresentation of income, resulting in a $3,431.68 overpayment.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no medical evidence linking any of the conditions with the veteran's military service or a service-connected disability.

The veteran's claims for service connection for carcinoma of the bladder and hair loss due to exposure to Agent Orange are not well grounded.

The veteran's claim for service connection for a dental disorder, including periodontal disease, is denied as the condition did not result from in-service trauma and his application was not timely filed.

The Board denied the veteran's claim for service connection for joint pain of the wrists and elbows as due to an undiagnosed illness, finding that his claim was not well-grounded.

The veteran's esophageal cancer was not service-connected, and the cause of death was not due to a service-connected disability. The appellant is not eligible for Survivors'/Dependents' Educational Assistance.

The veteran's claim for an increased evaluation for his service-connected post traumatic encephalopathy with right hemiparesis was granted, but the rating remains at 60 percent.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking the esophageal cancer to his military service or exposure to Agent Orange.

The veteran's granddaughter is not considered a dependent child for the purpose of calculating his VA nonservice-connected disability pension benefits, as she does not meet the legal definition of a dependent child under VA regulations.

The Board found that the veteran's urinary incontinence and recurrent UTI's were not caused by her February 1990 hysterectomy, thus denying her claim under 38 U.S.C.A. § 1151.

The appellant is not recognized as the veteran's surviving spouse for VA benefit purposes due to her divorce from the veteran prior to his death.

The Board found that new and material evidence had not been submitted to reopen the appellant's claim of eligibility for Department of Veterans Affairs benefits, as her late husband was determined to have no valid military service.

The Board denied the veteran's eligibility for nonservice-connected death pension benefits and his claim for accrued benefits due to lack of service-connected disabilities at the time of his death, and because he did not have a pending claim at the time of his death.

The Board denied the veteran's request for a waiver of recovery of overpayments totaling $9,200 in VA improved disability pension benefits. The decision found that the veteran was at fault for underreporting his income and not providing requested financial information, but also noted that collection would result in undue hardship on him.

The Board found that the veteran's S. pneumoniae sepsis complicated with meningitis and epidural abscess formation was not a result of his VA hospitalization, thus denying his claim for disability benefits under 38 U.S.C.A. § 1151.

The Board found that the veteran's claimed head injury in service was not verified and his current residuals of a head injury are not related to service. Therefore, service connection for residuals of a head injury is denied.

The Board has determined that the proceeds of the veteran's NSLI policy should be distributed according to his October 1979 beneficiary designation, which lists S.D.C. as the principal beneficiary and specifies she is entitled to one-fourth of the proceeds. The RO&IC awarded equal shares of the proceeds to S.D.C., E.R.F., A.V.G., and the estate of the veteran. M.E.M.'s share was awarded to the estate due to lack of evidence confirming her death.

The Board has determined that the veteran's TMJ syndrome is due to service, and thus grants service connection for this condition.

The Board denied a compensable evaluation for Reiter's syndrome, finding no current manifestations of the condition.