Other conditions decisions — 2001

The veteran's appeal for additional disability compensation for a child over the age of 18 years who was being home-schooled is denied.

The RO denied service connection for Leber's optic atrophy, finding that it was a hereditary condition and not incurred or aggravated by active duty.

The Board denied the reopening of a claim for service connection for cause of death due to lack of new and material evidence, as no such evidence was submitted since the November 1988 decision.

The Board denied the appellant's claim as he did not have recognized service in the U.S. Armed Forces, thus denying his eligibility for VA benefits.

The veteran's death was due to a boating accident, and he had been receiving a 100% disability rating for asbestos exposure, laryngectomy for carcinoma of the vocal cords, head, and neck area. The appellant did not meet the eligibility criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board found that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA benefit purposes due to a separation caused by her misconduct, and did not find continuous cohabitation from the date of marriage to the date of death.

The Board has determined that the appellant had no recognized military service with the United States Armed Forces and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits.

The Board denied the appellant's claim for cancellation of charges for VA outpatient treatment from February through August 1998, finding that he did not meet the legal requirements for basic eligibility for such care due to his status as a 'veteran'.

The appellant is not entitled to DEA benefits under Chapter 35, Title 38, United States Code, for periods of enrollment prior to May 26, 1998. The RO awarded the veteran a permanent and total disability rating effective from May 26, 1998, which established the appellant's basic eligibility for Chapter 35 benefits. The appellant did not become eligible for such benefits until that date.

The Board found that a waiver of recovery of $2,745.00 of the overpayment of improved death pension benefits is granted, but denied a waiver of recovery of $2,000 of the overpayment.

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

The Board has determined that the appellant's request for waiver of an overpayment of VA nonservice-connected death pension was denied due to a failure to submit the request within the 180-day time limit.

The veteran's claim for service connection for disabilities due to a left cerebellopontine angled tumor was granted with an effective date of May 31, 1995.

The Board has remanded the case due to a lack of medical opinion regarding the relationship between the veteran's herpes simplex virus and his military service. The RO is instructed to obtain all relevant records, provide notification as required by the Veterans Claims Assistance Act of 2000, schedule an appropriate VA examination, and re-adjudicate the claim.

The Board has denied the appellant's claims for DIC benefits under section 1318 and basic eligibility for nonservice-connected VA death pension benefits due to a lack of legal merit or entitlement under the law. The appellant failed to provide information regarding her annual income, which is required for basic eligibility.

The Board granted a 50% disability rating for the veteran's service-connected sleep disorder, effective from October 7, 1996. The decision also noted that his TDIU claim was denied.

The veteran's overpayment of improved disability pension benefits was denied as he was found at fault in the creation of the debt and there was no evidence of undue financial hardship.

The Board found no clear and unmistakable error in the original decision awarding compensation benefits for additional disability due to a hemorrhoidectomy performed at a VA medical facility, thus upholding the grant of benefits.

The veteran's claims for service connection and a higher rating were denied. The case is being remanded to obtain additional evidence.

The Board has denied the veteran's claim for an increased evaluation for his service-connected residuals of a shell fragment wound of the back with a fracture of the sacrum, finding that the evidence does not support a rating in excess of 20 percent.