Other conditions decisions — 2000

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of college enrollment from January 1990 through December 1991 due to lack of entitlement under the law.

The case is being remanded for further development, including consideration of the veteran's exposure to depleted uranium and service connection for cause of death.

The VA has determined that the veteran's incisional hernia status post correction of bowel malrotation with appendectomy does not warrant a rating higher than 10 percent.

The veteran's claim for service connection for a left ear scar is granted. The veteran's claim for an initial compensable evaluation for his sphincter tear of the left eye is denied.

The Board denied the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 because the injury to his right thumb was not caused by a VA examination, and thus did not meet the criteria for benefits.

The Board has determined that the veteran's blepharoconjunctivitis does not warrant a compensable evaluation, as there are no current manifestations or identifiable residuals.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his service-connected condition to his death.

The appeal has been dismissed due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board denied an increased evaluation for the service-connected thoracic spine disability and denied entitlement to a total disability rating based on individual unemployability.

The Board has determined that the appellant's husband had no verified military service, and therefore does not qualify as a 'veteran' for VA benefits purposes. As a result, the claim for VA benefits is denied.

The Board denied the veteran's claim for a higher level of special monthly compensation based on need for regular aid and attendance due to his service-connected disabilities, as there was no additional significant service-connected disability to meet the criteria for the next higher level.

The VA is instructed to obtain the complete inpatient hospitalization records for the appellant's September 1998 right hemicolectomy at the VA Medical Center, Birmingham, Alabama and the treatment records of Dr. Terry Taylor associated with the appellant's May 1998 claim for a total rating based on individual unemployability.

The Board has granted a 10 percent evaluation for the veteran's service-connected tongue injury, which includes a scar and partial loss of taste sensation. The veteran does not meet criteria for higher evaluations.

The veteran died in January 1996 due to cardio respiratory arrest, caused by disseminated intravascular coagulopathy, sepsis, and massive gastrointestinal bleeding from a duodenal ulcer. The claim for service connection is denied as there is no evidence linking the cause of death to his military service.

The Board of Veterans' Appeals denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the United States Armed Forces.

The veteran's claim for an increased rating for prostatectomy residuals is denied as the evidence does not support a finding that his condition warrants a higher rating.

The veteran's claim for outpatient dental treatment was denied as her condition did not meet the criteria for a compensable service-connected disability.

The veteran's appeal for waiver of recovery of an overpayment of improved disability pension benefits was dismissed due to his death.

The Board denied the appellant's request for a waiver of recovery of overpayment of death pension benefits, finding that her request was not timely filed.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code was denied because his character of discharge was 'general (under honorable conditions)' rather than an 'honorable' discharge.