Other conditions decisions — 2001

The veteran's educational assistance benefits were reduced from full-time to 3/4 time due to withdrawal from a class, and the Board found this reduction was proper based on the law.

The appellant is not entitled to recognition as the veteran's surviving spouse for VA benefits purposes due to her previous marriage and lack of intent to enter into a common law marriage with the veteran.

The Board denied the appeal, finding that the overpayment of Chapter 1606 educational benefits was properly created and thus denying the benefit sought.

The veteran's service-connected varicose veins, left leg, are rated at a 10 percent evaluation since September 4, 2000. The residuals of an appendectomy with ventral hernia have been rated at 20 percent since the same date.

The Board has determined that the veteran's squamous cell carcinomas of the nose and right forearm were incurred during military service due to sun exposure.

The veteran's cold injury residuals of the right and left feet are currently rated at 30 percent each, but he is not entitled to higher ratings. The appeal for a total disability rating based on individual unemployability due to service-connected disabilities is also denied.

The Board has remanded the appellant's claim for further adjudication by VARO, including consideration of additional evidence submitted during a hearing. The case will be returned to the Board after VARO completes its review.

The Board is remanding the case to the RO for further development, including obtaining VA treatment records and medical opinions. The veteran's claim of reopening a service connection for a psychoneurotic disorder will be reconsidered.

The veteran's appeal is denied as she does not meet the eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board has determined that the veteran's current acquired psychiatric disability, including depressive neurosis, was not caused by any incident of service and is not proximately due to or the result of a service-connected disability. Therefore, service connection for this condition cannot be granted.

The Board dismissed the appeal because the appellant died before a decision could be made.

The veteran's overpayment of nonservice-connected pension benefits is denied as recovery would not be contrary to equity and good conscience.

The Board has determined that the veteran's incomplete left ulnar nerve paralysis is not more than moderate in degree and therefore does not warrant an increased evaluation.

The veteran's claim for service connection for a lung disorder secondary to tobacco use and nicotine dependence is denied as the law precludes such entitlement due to the passage of new legislation.

The veteran's death was not due to a service-connected condition, and there is no evidence of entitlement to burial benefits based on pending pension claims. The appeal is denied.

The veteran is entitled to a commencing date of February 15, 1998 for an award of Chapter 30 educational assistance benefits for her correspondence course.

The veteran's son, who was home-schooled and not pursuing a course of instruction at an approved educational institution, is denied additional pension benefits for a child student from age 18 years.

The Board of Veterans' Appeals (Board) has denied the appellant's claim for an increased evaluation for her bilateral lower extremity varicosities, currently rated at 30 percent.

The veteran's service-connected disability described for rating purposes as psychoneurosis is manifested by sleep disturbance, nightmares, panic attacks, anxiety, and depressed mood. The VA determined that the symptoms do not warrant a higher rating than 30 percent.

The veteran's claim for service connection for Systemic Lupus Erythematosus was received more than a year after his separation from active duty, and the effective date is set at July 25, 1997.