Other conditions decisions — 2001

The Board found that the veteran's current disability was not associated with exposure to herbicide agents, including Agent Orange. The claim for service connection was denied.

The veteran's appeals have been dismissed due to his death.

The Board has determined that the veteran's left anterior superior iliac spine avulsion fracture, which occurred on or about August 11, 1996, was incurred as a result of VA hospitalization and treatment in June 1996. As such, the claim is granted.

The Board has denied the veteran's claim for a continuous temporary total evaluation based on convalescence following left ring finger surgery, finding that the evidence does not support the contention of continued total disability due to service-connected left ring finger disability.

The appellant's claim for basic eligibility for disability pension benefits was denied as he does not have qualifying military service for purposes of entitlement to a nonservice-connected pension.

The VA denied the appellant's claim for a higher initial evaluation of 30 percent for post-concussion disorder with adjustment disorder, secondary to head trauma. The appeal is based on the propriety of this initial evaluation from November 18, 1993.

The Board denied an increased disability rating for the veteran's service-connected bilateral keratitis, currently evaluated at 10 percent.

The veteran's claim for an evaluation in excess of 30 percent for excision, vocal cord papilloma, recent and remote, with chronic hoarseness is denied.

The Board found that the appellant was not on authorized travel status at the time of his automobile accident, and thus denied his claim.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for enucleation of the left eye, which was previously denied in July 1951. The newly provided statements from fellow servicemen indicate that the veteran's left eye infection and pain during active service led to its removal.

The Board has determined that the appellant does not have qualifying military service and therefore is not eligible for VA benefits.

The Board has determined that the cause of death, rectal cancer, is not service-connected.

The Board denied the appellant's claim for VA benefits due to a lack of recognized military service, concluding that he did not have qualifying service as a member of the Philippine Commonwealth Army or the recognized guerrillas in the United States Armed Forces.

The Board denied the appellant's claim for a U.S. burial flag for her deceased father, who served as a Philippine Scout under Section 14 of Public Law 190 from June 1946 to April 1949. The Board found that his service did not constitute active military service and thus did not qualify him for the benefit.

The Board has determined that the veteran's grandchildren, ER, PRM, and JDR, cannot be recognized as his adopted children for VA purposes due to their continued custody by their natural mother.

The appellant's annual income exceeded the maximum allowable for a surviving spouse with no dependents, and her unreimbursed medical expenses were insufficient to bring her below this limit. Therefore, she is not entitled to nonservice-connected death pension benefits.

The Board denied the veteran's increased rating and TDIU claims for his service-connected hypoplastic anemia, finding that the evidence did not warrant a higher rating or entitlement to TDIU based on his disability.

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that it was not factually ascertainable from the evidence of record that his service-connected poliomyelitis had increased in severity prior to June 10, 1988.

The Board of Veterans' Appeals (BVA) has determined that the appellant's request for waiver of recovery of an overpayment of improved death pension benefits was timely filed, and thus grants this portion of her appeal.

The Board denied service connection for a left great toe disability in 1980. The veteran submitted new evidence, but it was not considered material to reopen the claim.