Other conditions decisions — 2001

The veteran argues that there was CUE in the November 1988 rating action that denied a 100 percent evaluation for her service-connected psychiatric disability. The Board found no clear and unmistakable error, as the evidence at the time supported the finding of a 20 percent evaluation.

The Board denied the appellant's claim for 'helpless child' benefits, finding that the veteran's daughter did not meet the statutory definition of a dependent child due to her marriage and divorce.

The Board denied the veteran's claim for VA benefits for birth defects of his children, as there is no legal entitlement to such benefits under the law or regulations.

The appellant seeks accrued benefits in the amount of $4,880.00 to reimburse him for medical expenses he incurred on behalf of his mother, who was entitled to an additional aid and attendance allowance prior to her death.

The Board found no evidence of current respiratory or memory loss disabilities and denied the veteran's claims for service connection.

The VA denied the veteran's claim of entitlement to service connection for multiple joint arthritis, finding no current diagnosis of such disability and noting that any complaints during service were related to pre-existing conditions.

The Board found no clear and unmistakable error in the rating decisions of November 1946 and September 1949, which assigned a 20 percent evaluation for the veteran's service-connected shell fragment wound of the left chest. The appeal is denied.

The Board has remanded the case for further development and readjudication due to issues related to service connection for skin disease and prostatitis, both claimed as due to exposure to Agent Orange. The veteran's claims are being reviewed in light of new evidence and medical opinions.

The VA denied payment or reimbursement for medical services provided by Ralph Gram, Ph.D., M.F.C.C., without prior authorization due to lack of a medical emergency and the availability of VA facilities.

The Board granted a rating of 40 percent for urticaria from January 12, 1998, resolving the appellant's appeal on this issue.

The Board denied service connection for Epstein-Barr virus infection, finding that the veteran did not have a current disability from this condition and that it was not incurred or aggravated by active duty. The Board also dismissed the claim for thyroid disability.

The Board dismissed the claim of entitlement to a total rating for compensation purposes based on individual unemployability due to lack of jurisdiction.

The Board has ordered the case remanded due to recent changes in the Veterans Claims Assistance Act of 2000, requiring additional development and examination.

The Board found that the veteran was not on active duty for training at the time of his death, and thus denied the DIC claim.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code was denied as he did not meet the eligibility requirements set forth in the regulations.

The Board denied an increased rating for hiatal hernia with esophagitis, peptic ulcer disease and cholecystitis, currently rated at 30 percent.

The veteran's appeal is being remanded for additional development, including obtaining VA examinations to address the relationship between his service and the claimed conditions.

The Board has determined that the veteran's current adjustment disorder and depressed mood are related to his periods of active duty for training, leading to a grant of service connection.

The Board found that the veteran's skin disorder, claimed as jungle rot and basal cell carcinoma, did not have its onset during service or was diagnosed to a compensable degree within a year of discharge from service. The preponderance of evidence does not support a finding that the condition is related to his military service.

The VA denied an increased evaluation for the veteran's service-connected fracture of the right tibia and fibula with minimum angulation, finding that it did not meet the criteria for a higher rating.