Other conditions decisions — 2001

The Board denied the veteran's claim for nonservice-connected pension benefits due to a lack of qualifying wartime service.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for the purpose of reinstatement of Improved Death Pension due to a statutory bar.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the etiology of his claimed conditions.

The Board denied the veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a foot injury as new and material evidence was not submitted to reopen the claim.

The Board has determined that the veteran's cause of death is not service-connected.

The Board has granted service connection for Hodgkin's disease and assigned a 100% evaluation, effective from January 13, 2000. The veteran's claim was filed on that date.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for dysthymic disorder, which began during active service. The veteran's current dysthymic disorder is considered incurred in service.

The Board has determined that the veteran's service-connected tremor of both hands does not warrant a rating in excess of 10 percent, as there is no evidence of complete or incomplete paralysis of the median or ulnar nerves.

The Board is requesting additional information from the Social Security Administration to determine if the appellant filed a claim for death benefits following her husband's death in April 1976. The case will be remanded and readjudicated based on this new information.

The veteran's claim for payment or reimbursement of medical expenses incurred at Lawrence Memorial Hospital in November 1999 was denied because the veteran did not have a service-connected disability and VA facilities were not feasibly available.

The Board denied the appellant's request for an earlier effective date of November 29, 1998, for the grant of service connection for the cause of her husband's death due to squamous cell carcinoma of his lung.

The VA denied increased ratings for myositis ossificans and Paget's disease of the groin, finding that the current ratings adequately reflect the severity of these conditions.

The Board has found new and material evidence to reopen the claim of service connection for a right great toe injury, but further development is needed before the case can be adjudicated on the merits.

The appellant's claim for basic eligibility to VA benefits based on her spouse's alleged service in the Philippine Commonwealth Army during World War II was denied as there is no verified service.

The veteran seeks an earlier effective date for a 100 percent rating for his service-connected hemoglobin sickle cell disease back to the date of his discharge from service. The Board finds that a preponderance of the evidence is against this claim and denies it.

The Board denied a compensable evaluation for the veteran's right fifth metacarpal fracture, finding that symptoms did not more nearly approximate extremely unfavorable ankylosis.

The Board found that the appellant was not at fault in creating the overpayment and denied recovery of the $3,756.00 overpayment due to undue financial hardship.

The Board has determined that the veteran's loan guaranty indebtedness was not created due to fraud, misrepresentation, or bad faith. The appeal is granted in this regard.

The Board denied an increased rating for the veteran's service-connected mandibular injury with malocclusion and temporomandibular joint pain, finding that a 30 percent evaluation was appropriate based on inter-incisal motion to at least 20 mm.

The Board denied service connection for the cause of the veteran's death and denied entitlement to dependents' educational assistance under 38 U.S.C. Chapter 35, finding that lung cancer was not related to service.