Other conditions decisions — 2001

The veteran's claim for compensation under 38 U.S.C.A. 1151 for peptic ulcers due to medication taken for his service-connected traumatic sacroiliac strain with arthritis was denied, and the request for an evaluation in excess of 40 percent for traumatic sacroiliac strain with arthritis was also denied.

The Board denied the appellant's claim for payment of educational assistance benefits under Chapter 35, Title 38, United States Code due to her enrollment in correspondence courses only. The appellant was not eligible for such payments as per VA regulations.

The Board has jurisdiction to review the denial of a remote starter for the veteran's van, which is determined to be adaptive equipment necessary for health and safety due to his service-connected C5 quadriparesis.

The Board has determined that the veteran's claims for increased evaluations of his residuals of a vagotomy, ventral hernia, and thoracotomy are denied as there is no evidence to support an evaluation in excess of the current ratings.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there was no negligence or other fault on the part of VA, and the event did not occur unexpectedly.

The Board denied the veteran's claims for service connection and increased evaluation, finding no evidence of a compensable rating for his nasal fracture and noting that the claim for residuals of a shell fragment wound to the right midline eyebrow was not properly addressed.

The Board found that the cause of death (hepatic cancer, gastric ulcer, and minimal PTB) was not related to service-connected conditions or any presumptive exposure. The claim for service connection for the cause of death was denied.

The veteran's claim for an earlier effective date for recognition of his dependent child, K, is denied. The veteran was not entitled to additional compensation based on the birth of his child due to a lack of timely submission of evidence. Withholding $108 per month in VA compensation for dependent purposes from July 1, 1998, to October 1, 1998, was proper as it ensured no overpayment and allowed time for adjustments.

The Board has denied the appellant's claim as her son did not meet the criteria for recognition as a 'child' based on permanent incapacity for self-support prior to attaining age 18.

The Board denied the veteran's claim for Chapter 30 education benefits, finding that he did not meet the basic eligibility criteria due to his service not meeting the required length of continuous active duty.

The Board denied the veteran's claim to reopen his service connection for bilateral defective hearing, finding no new and material evidence.

The Board granted the veteran's request to waive recovery of an overpayment of VA disability compensation benefits in the amount of $1,588.66, finding that repayment would not violate principles of equity and good conscience.

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

The Board denied the veteran's claims of service connection for a pilonidal cyst and an earlier effective date, finding no clear and unmistakable error in the original rating decision and that the earliest possible effective date is May 10, 1994.

The Board has determined that the veteran's pre-existing blepharitis likely worsened during service, and thus finds that it was aggravated by his active military service. As such, the claim of service connection for blepharitis is granted.

The veteran's appeal has been dismissed due to his death.

The appeal is denied as the initial evaluation for the veteran's service-connected cervical spine disability and her claim of secondary service connection for DeQuervain's tenosynovitis on the right side are both denied.

The Board found that the submitted evidence did not meet the criteria for reopening the veteran's claims of service connection for vision problems and hair loss as a result of radiation exposure. The RO had previously denied these claims in August 1996, which is considered final.

The Board has determined that the veteran's duodenal ulcer with residuals of gastric resection warrants a 40 percent evaluation, but not more. The claim for an increased rating is denied.

The Board has granted a 20 percent rating for the veteran's scleritis of the right eye, effective from the date of the decision.