Other conditions decisions — 2001

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits, finding that no new and material evidence had been presented.

The Board has denied the veteran's claim of service connection for defective vision, finding that his current refractive error is not related to any injury or disease sustained during service.

The Board denied the veteran's claims for increased evaluations of his right shoulder and thoracic spine disabilities, as well as service connection for compression fractures of the thoracic spine. The RO has maintained a 40 percent evaluation for the right shoulder disability since June 1975 and a 10 percent evaluation for the thoracic spine scoliosis with degenerative changes since August 1984.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $12,474 because it was not timely filed within 180 days after notice of the indebtedness.

The Board denied the veteran's claim for basic eligibility for VA benefits due to lack of recognized military service.

The Board found that the veteran's income exceeded the income limitation for VA improved disability pension, leading to its termination from May 1, 1999 to May 31, 2000. The veteran was again awarded disability pension effective June 1, 2000.

The Board has determined that the effective date for the grant of service connection for psychotic disorder is November 29, 1996. The veteran's claim was previously denied in March 1971 but not notified properly, and he withdrew his appeal regarding this decision in October 1996. He then submitted a new claim to reopen the previous denial on November 29, 1996.

The Board finds that the veteran's in-service respiratory infection did not result in a chronic condition, and there is no evidence of continuity of symptomatology following service. Therefore, the claim for service connection for a respiratory disorder, claimed as residuals of pneumonia, is denied.

The Board found that the veteran's rectal disorder did not result from VA medical treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for VA death pension benefits due to the absence of legal merit or entitlement under the law, as the veteran's service with the Regular Philippine Army does not provide eligibility for pension or death pension benefits.

The Board denied the appellant's claim of entitlement to dependency and indemnity compensation benefits as the helpless child of his deceased veteran father due to a lack of evidence showing permanent incapacity for self-support on or before his 18th birthday.

The Board has determined that the veteran's head injury during World War II caused his fatal lymphoma, granting service connection for the cause of death.

The Board denied the veteran's claims for service connection for a back injury and a nervous disability characterized as emotional stress, finding that there was no medical evidence linking these conditions to his military service.

The Board denied the appellant's claim for an evaluation in excess of 30 percent for his service-connected cephalalgia and did not address the temporary total disability evaluation based on hospitalization.

The Board found no evidence of current hip arthritis and concluded that the veteran's claimed bilateral hip arthritis is not related to his service-connected knee disabilities. As a result, the claim for service connection was denied.

The Board denied service connection for the cause of the veteran's death due to lung cancer, finding that there was no causal link between the veteran's active service and his fatal condition. The appellant is barred from achieving service-connection for cause of death due to use of tobacco products during active service.

The Board denied the veteran's claim for service connection for the cause of his death, finding that new and material evidence had not been submitted to reopen the claim.

The Board denied the veteran's claim of entitlement to service connection for left hip disorder in a November 1972 decision. The veteran has not submitted new and material evidence since that time, so his application to reopen the claim is denied.

The veteran is seeking compensation under the Veterans' Compensation Act (38 U.S.C.A. § 1151) for left footdrop and lack of circulation, which he claims are related to a VA treatment on May 19, 1994. The Board has ordered remand due to new evidence submitted by the veteran.

The Board of Veterans' Appeals has determined that the appellant is not a valid beneficiary of the veteran's National Service Life Insurance policy, as evidenced by the June 1999 change of beneficiary form being invalid due to lack of signature from the veteran.