Other conditions decisions — 2001

The Board denied the appellant's claims for service connection for residuals of an injury to the rectum and new and material evidence for his head injury and 38 U.S.C.A. § 1151 claims.

The veteran's claim for service connection for dizzy spells and a fractured spine as secondary to his service-connected arthritis of the cervical spine has been dismissed due to the death of the veteran.

The Board found that the appellant was insane at the time of the offenses resulting in his discharge under other than honorable conditions for the period from April 22, 1952, to February 17, 1954.

The Board has remanded the case to the RO for review of the veteran's countable income from January 1, 2000 and conversion of the values shown on his 2000 Tax Return from Pesos to American dollars.

The Board denied the veteran's claim for an earlier effective date for the award of additional compensation benefits for a dependent spouse based on his marriage to T.S. in March 1995, finding that he did not submit a valid claim within one year of the marriage.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board has determined that the appellant does not qualify as a veteran and thus is not eligible for VA benefits.

The Board denied the veteran's claims for increased rating for hiatal hernia and service connection for umbilical hernia, but granted service connection for residuals of gall bladder removal and esophageal tumors as secondary to his service-connected hiatal hernia. The RO is directed to obtain any relevant medical records and schedule the veteran for a new VA gastrointestinal examination.

The Board has denied the veteran's claims for increased evaluations of his service-connected shell fragment wounds, finding that the current ratings adequately reflect the severity of his disabilities.

The Board finds that there is no evidence of a head injury in service and concludes that the veteran's current disabilities are not related to any such injury. Therefore, service connection for residuals of a head injury is denied.

The Board denied the appellant's request to revoke the forfeiture of her VA benefits, finding that the submitted evidence was not new and material.

The Board denied the appellant's claim as she was not recognized as the surviving spouse of the veteran for VA benefits due to her having been legally divorced from him at the time of his death.

The Board found that the apportionment of $69 per month to the appellant's estranged spouse was proper, as it did not cause undue hardship on her.

The Board has denied the veteran's claims for an increased rating for residuals of a shell fragment wound to the dorsal region, muscle group XX and service connection for a penetrating wound of the right lung.

The veteran's receipt of nonservice-connected pension benefits was properly terminated because his annual income exceeded the maximum annual pension rate.

The veteran's appeal was dismissed due to his death.

The Board denied the appellant's claim for basic eligibility for VA benefits, finding that new and material evidence had not been submitted to reopen a previously denied claim.

The veteran's claim for a higher rating for his left hip degenerative joint disease is granted, effective from December 4, 1997.

The veteran's cardiovascular accident, lacunar stroke in the pons was service-connected and his unauthorized medical expenses incurred at University of California, Davis Medical Center were reimbursed as they met all criteria for reimbursement under VA regulations.

The Board denied the appellant's claim to reopen his eligibility for nonservice-connected disability pension benefits based on character of discharge due to a final administrative decision finding him discharged under dishonorable conditions. The new evidence submitted did not change this determination.