Other conditions decisions — 2001

The veteran's claim for compensation due to his children's disabilities, which include scoliosis, cerebral palsy, and microcephalia, is denied as these conditions are not recognized by VA for service connection.

The veteran's appeal is denied as he did not meet the criteria for Chapter 34 education benefits, and therefore cannot convert to Chapter 30.

The Board denied the veteran's claim for an increased rating for residuals of gastric surgery, finding that the evidence did not support a higher rating.

The Board denied the veteran's claim for service connection for a skin condition secondary to exposure to Agent Orange, finding that there was no evidence linking his current skin disorder to his military service or to exposure to Agent Orange.

The Board denied service connection for the cause of the veteran's death, finding that it was unlikely related to radiation exposure during service. The claim for DIC benefits under section 1318 was also denied.

The Board found that ankylosing spondylitis was not incurred or aggravated by service, nor may it be presumed to have been incurred in such service. The veteran's service-connected psychophysiologic musculoskeletal reaction with degenerative arthritis and spondylosis L4-L5 did not cause or aggravate the claimed condition.

The Board denied the veteran's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of his death, finding that he did not meet the criteria for entitlement to these benefits.

The veteran's request for an extension of the delimiting date for his chapter 30 education benefits was denied because there is no evidence that his alcoholism prevented him from using the benefits prior to October 1999.

The veteran's child support payments are excluded from countable income for his improved pension as they fall under the 'maintenance' category, which is not considered income.

The veteran's claim for service connection for a dental disorder is denied as there is no evidence of a disability due to in-service trauma or disease.

The Board has granted the veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $4,259.00 due to the veteran's failure to report his income promptly.

The Board granted service connection for hammertoe of the second left toe and assigned a noncompensable evaluation, effective from April 20, 2000.

The veteran's claim for additional compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that the VA treatment caused any new disability, and his current service-connected schizo-affective disorder already encompasses all of the symptoms he claimed.

The Board found that the claimant's eligibility for VA benefits based on service is not established due to a lack of verified Philippine service, and thus denied the appeal.

The appellant's service was not during a 'period of war' as defined by law, and therefore he is not eligible for non-service-connected disability pension benefits.

The Board has determined that the cause of the veteran's death was adenocarcinoma of the esophagus, which is not related to cigarette smoking in service or nicotine dependence arising in service. Therefore, the claim for service connection is denied.

The Board has remanded the case to the RO for additional development and adjudicative action due to procedural issues, including compliance with the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for service connection for a right elbow disability, finding no evidence of its incurrence or aggravation during service.

The Board denied the appellant's request for a waiver of recovery of an overpayment of improved death pension benefits, finding that the creation of the overpayment was solely due to her failure to report all of her income accurately and that recovery would not be against equity and good conscience.

The Board found that the veteran's service-connected severe involutional melancholia did not cause his death or contribute substantially to it. The atherosclerotic carotid disease leading to his stroke was not shown to be related to his service-connected condition.