Other conditions decisions — 2001

The Board found that the veteran's cause of death (acute myocardial infarction with secondary pulmonary edema) was not incurred in or aggravated by active service, nor may it be presumed to have been incurred. The preponderance of evidence does not support the appellant's claim for service connection for the cause of the veteran's death.

The Board has granted a 50 percent rating for the veteran's dysthymia, finding that his symptoms align with the criteria for such a rating. The highest available rating is being awarded.

The Board has determined that the appellant is entitled to an effective date of June 9, 1994 for DIC benefits due to her claim being filed before a liberalizing law allowing presumptive service connection for multiple myeloma.

The Board denied the veteran's claims for service connection for back and throat injuries, as well as a claim for an initial compensable rating for tonsillectomy residuals. The evidence did not support these claims.

The RO denied the veteran's claim for apportionment of his VA disability compensation benefits. The case is being remanded to ensure full compliance with due process requirements and additional development.

The Board has granted a 10 percent evaluation for the veteran's service-connected entrapment of the ilioinguinal nerve with neuralgia, effective from the date of the grant of service connection.

The veteran's claim for payment of unauthorized medical expenses for treatment from September 1, 1992 through September 3, 1992 was denied by the VA Medical Center in Poplar Bluff.

The Board denied the appellant's claim for VA benefits due to his discharge under other than honorable conditions, as there were no compelling circumstances to warrant the prolonged unauthorized absence.

The veteran's claim for an earlier effective date for service connection was denied as the May 1946 rating decision is final and there was no attempt to reopen the claim before October 22, 1998.

The Board's decision regarding the overpayment of VA improved death pension benefits was not found to be clearly and unmistakably erroneous.

The Board has determined that the June 1970 rating decision denying service connection for a deviated nasal septum contained clear and unmistakable error, and thus grants an effective date of November 25, 1969 for this condition. The earlier effective date for hyposmia is granted as April 1, 1997.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was divorced from him at the time of his death and did not form a common-law marriage after their divorce.

The veteran's spouse was not legally married to him at the time of his death, and therefore is not eligible for DIC benefits.

The veteran's claim for an effective date prior to January 26, 1993, for the award of service connection for reflex sympathetic dystrophy of the left arm was denied.

The Board denied the veteran's claim to reopen his service connection for residuals of a right leg gunshot wound. The issues regarding increased ratings for left leg and neck shrapnel wounds, as well as thoracic rib fracture residuals, remain unresolved.

The Board denied service connection for a fractured jaw and compression fractures of the spine, finding no evidence of in-service injury or chronic disability.

The Board found that a valid VA loan guaranty indebtedness in the amount of $12,603.49 was created due to the veteran's default on the VA guaranteed loan. The decision also concluded that recovery of this debt would not violate the standard of equity and good conscience.

The Board of Veterans' Appeals found that the veteran's respiratory disorder was not present during his military service and could not be linked to any incident during service. Therefore, the claim for service connection was denied.

The veteran's service-connected psychiatric disability, manifested by weakness and hypoesthesia of the right half of the body, produced considerable impairment of thought and behavioral processes. The VA has granted a 50 percent rating for this condition from April 27, 1995, for purposes of accrued benefits.

The VA denied the veteran's claim for a compensable evaluation for his seborrheic keratosis, finding that it did not meet the criteria for a compensable rating based on slight impairment and lack of disfigurement.