Other conditions decisions — 2001

The Board denied the appellant's claim for DEA benefits under Chapter 35, Title 38, United States Code, as he withdrew from his classes during the drop period and did not attend classes after September 22, 1999.

The veteran's appeal was dismissed because he died during the pendency of his claim.

The Board found that the veteran's unreimbursed medical expenses submitted in January 2000 were not timely submitted with respect to a claim for improved disability pension during 1998, but were timely submitted with respect to a claim for improved disability pension during 1999.

The Board denied service connection for bilateral defective hearing and a noncompensable rating for residuals of fracture of the right (major) 2nd metacarpophalangeal bone, finding that the veteran's current disabilities were not incurred in or aggravated by wartime service.

The Board has determined that the veteran's service-connected gastrointestinal disability, manifested by chronic gastritis without duodenal ulcers, warrants a 10 percent rating.

The Board has denied the veteran's claim for an increased evaluation for his service-connected right side pelvis and hip muscle strain (megalgia paresthetica), currently rated at 10 percent, finding no basis for a higher rating given only complaints of pain without objective findings of functional loss or other compensable impairment.

The veteran is not entitled to payment or reimbursement of unauthorized private dental expenses incurred on February 8, 1999. The treatment was not for a medical emergency and VA facilities were feasibly available.

The Board has determined that the veteran's shortening of the left leg warrants a 10 percent rating, effective December 31, 1992.

The Board has determined that the veteran's peripheral vascular disease was not caused or aggravated by his service-connected PTSD, and thus denied the claim for service connection.

The veteran's VA improved pension benefits were denied as they were properly adjusted effective April 1, 2000 due to the receipt of inheritance and increase in interest income.

The appellant's spouse had recognized service as a member of the Regular Philippine Army and recognized guerrilla service, but this is not deemed to be qualifying service for pension benefits. Therefore, the appellant does not meet the requirements for basic eligibility for death pension benefits.

The Board has determined that burial expenses paid by the appellant in July 2000 may be used to reduce her countable income for purposes of VA improved death pension benefits, and thus grants the appeal.

The Board has remanded the case for further development and readjudication due to issues related to the creation of an overpayment of compensation benefits.

The Board denied the appellant's request to reopen his claim for revocation of forfeiture of eligibility for VA benefits, finding that no new and material evidence had been received. The appeal is dismissed.

The Board has dismissed the matter of direct-payment fee eligibility as referred to by the RO, due to lack of original jurisdiction.

The veteran's claim for educational assistance benefits was denied as the training period did not meet the one-year requirement prior to his application.

The Board has determined that the RO improperly denied service connection for a right elbow disability, including bone spurs of the olecranon. The case is being remanded to obtain additional medical records and conduct further examination.

The Board denied the veteran's claims for increased evaluations for his shell fragment wounds, finding that the residuals did not warrant ratings higher than the current noncompensable or 10 percent evaluations.

The Board has determined that the appellant is not entitled to be recognized as the veteran's surviving spouse for VA benefits, and thus her claim of service connection for the cause of the veteran's death is moot.

The Board has determined that neither an upper nor lower back injury was incurred in or aggravated by active service.