Other conditions decisions — 2001

The Board denied the appellant's claim as his character of discharge from service is a bar to VA benefits due to an absence without official leave for at least 180 days, and no compelling circumstances were shown to warrant this prolonged absence.

The Board has determined that the veteran's bilateral loss of vision is not service-connected, as it is due to diabetic retinopathy which developed after service and is unrelated to any injury or disease in service.

The Board denied the veteran's claim for an effective date earlier than June 2, 1993, for a 10 percent disability rating for service-connected myositis of the right cervical paravertebral muscles and right shoulder impingement syndrome.

The Board has determined that the veteran's death from Acute Myelogenous Leukemia was related to his exposure to Agent Orange during service, granting service connection for the cause of death.

The Board has determined that recovery of the overpayment of improved disability pension benefits in the amount of $10,897 would not be against the principles of equity and good conscience.

The veteran's claims for higher ratings for residuals of a right elbow dislocation and nerve damage to the right arm and hand were denied as there was no evidence supporting entitlement to these increased evaluations.

The veteran's residuals of a bilateral lobectomy due to bronchiectasis are currently rated at 50 percent, and the criteria for an evaluation in excess of this rating have not been met.

The Board denied the veteran's claim for service connection for dementia in January 1998, and this decision is final. The RO has reconsidered the issue based on new evidence but still denies it.

The Board denied the claim for service connection for the cause of the veteran's death, finding that neither oropharyngeal cancer nor lung cancer was incurred in or aggravated by service and not related to any service-connected disability.

The veteran's May 2000 Notice of Disagreement is timely as to the June 1993 decision denying his request for a waiver of recovery of loan guaranty indebtedness.

The Board has determined that the appellant is entitled to an apportionment of the veteran's VA disability compensation for herself and on behalf of their minor child from September 1988 to January [redacted], 1998, and on behalf of the child from January 15, 1998 to May [redacted], 2001.

The veteran's chronic lung disorder, diagnosed as pulmonary fibrosis, was not incurred in or aggravated by active service and is not related to inservice exposure to herbicide agents.

The VA determined that the appellant did not have a disease contracted in line of duty, and therefore denied his claim for service connection for residuals of an Epstein-Barr viral infection.

The Board found no basis for amending the existence or amount of the veteran's VA loan guaranty debt and denied the appeal.

The veteran's claims for service connection for a stomach disorder and urinary tract infection were denied. The issues of initial evaluations for sinusitis and tonsillitis were also addressed, with some aspects being granted but others not.

The veteran's claims for service connection for memory loss, sleep problems, chest pain, fatigue and muscle pain due to undiagnosed illnesses have been denied as these conditions are not distinct from his service-connected schizophrenia. The veteran has objective indications of chronic disability manifested by chest pain and fatigue.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new evidence submitted, including a private doctor's statement noting treatment for a neoplasm of the lung. The case is now remanded for further development and consideration.

The Board has determined that the veteran's service-connected chronic prostatitis with recurrent urinary tract infections does not warrant a compensable evaluation.

The Board has reopened the veteran's claims for service connection for otitis media and ataxia secondary to streptomycin due to new evidence submitted since the last final denial. The claim is now considered on its merits.

The veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to determine the etiology of his odontogenic carcinoma.