Other conditions decisions — 2001

The veteran's cause of death was not service-connected, and he did not meet the eligibility criteria for dependents' educational assistance.

The Board denied an increased disability evaluation for the veteran's right foot bunionectomy and first metatarsophalangeal joint condition, finding that the current 20 percent rating adequately reflects her symptoms.

The Board denied the veteran's claims for service connection for cancer of the lymph nodes and PTSD, finding that there was no evidence showing these conditions were incurred in or aggravated by active duty, including as secondary to Agent Orange exposure.

The Board denied the appellant's claim for VA benefits on the basis that her deceased spouse did not have qualifying military service, and thus was not a veteran for purposes of VA benefits.

The Board denied the veteran's claim for a compensable evaluation for service-connected cholelithiasis, status post cholecystectomy.

The veteran's ex-wife, D. O'H., is not entitled to apportionment of the pension benefits for his son J. because J. does not live with her.

The Board has granted a 30 percent evaluation for the veteran's service-connected fracture deformity of the right ring finger and amputation of the distal phalanx of the right small finger, finding that it is no more than moderately severe.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral pterygium, finding that the loss of visual acuity was due to nonservice-connected cataracts and not the pterygium.

The veteran's permanent and total disability rating was effective on July 28, 1999. The appellant is not eligible for educational assistance benefits because she reached the age of 26 before this effective date.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of a fracture of the right fifth metacarpal, currently rated at 10 percent disabling.

The Board has granted a 10 percent evaluation for the veteran's service-connected residuals of a left metatarsal fracture, finding that these symptoms more closely approximate the criteria for a moderate foot injury.

The Board has determined that the veteran did not submit new and material evidence within one year of receiving notification, resulting in abandonment of his claims for additional improved disability pension benefits. As a result, the earliest effective date for payment is June 1, 1996.

The veteran is not eligible for VA home loan guarantee program benefits due to his service not qualifying as active duty.

The Board found that the appellant did not file a timely notice of disagreement regarding her claim for an apportionment of the veteran's benefits, and thus lacks jurisdiction to consider the merits of the issue.

The veteran's claim for payment of unauthorized medical expenses for outpatient treatment at Door County Memorial Hospital on April 13, 1999 is being remanded due to insufficient medical evidence and the need for additional development.

The Board denied the appellant's appeal for revocation of the forfeiture declared against her, finding that she had knowingly submitted false evidence in her claim for death benefits.

The Board has granted a 10 percent evaluation for service-connected adhesions of the peritoneum and remanded the issue of postoperative ventral hernia for further development.

The veteran's service does not qualify him for VA nonservice-connected disability pension benefits due to the lack of wartime service.

The Board has determined that the veteran's osteomyelitis was initially active in service and subsequently cured by removal of affected bone. Therefore, a five-year 20 percent historical evaluation is granted effective from April 1, 1970.

The Board denied the veteran's request for waiver of recovery of an overpayment of $11,169 in VA nonservice-connected disability pension benefits due to his fault in creating the debt and finding that repayment would not cause undue financial hardship or defeat the purpose of the benefits.