Other conditions decisions — 2001

The veteran's discharge was due to pregnancy, which is not considered a service-connected disability or a preexisting condition. As she did not serve her obligated period of active duty and was discharged for convenience of the government after only 21 months of enlistment, she does not meet the eligibility criteria for Chapter 30 educational assistance benefits.

The Board denied the veteran's claims for an increased rating for residuals of a laceration of the right ear lobe and for an earlier effective date for separate compensable ratings for scars on various body parts. The veteran's claim for an increased rating was not supported by evidence showing that his condition met the criteria for a compensable rating, while the issue regarding an earlier effective date was denied due to lack of factual ascertainability.

The Board denied the appellant's claim for non-service-connected burial benefits.,The Board also denied her claim for an effective date earlier than May 1, 1999 for the award of non-service-connected death pension.

The veteran's claim for apportionment of VA disability compensation benefits is being remanded due to conflicting evidence regarding his paternity and the need to obtain a decision from the Circuit Court of the Second Judicial Circuit in Sioux Falls, South Dakota.

The Board found that the veteran's mediastinal fibrosis was not incurred or aggravated by service and denied his claim.

The Board has determined that the veteran's failure to report his Social Security income did not constitute fraud, misrepresentation or bad faith. The overpayment was created due to the veteran's actions and would result in financial hardship for him given his limited income, medical conditions, and minimal assets. Therefore, recovery of the overpayment is against the standard of equity and good conscience.

The Board has determined that the veteran's gastrointestinal disorder is secondary to her service-connected low back disability and has granted service connection for this condition.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was insufficient evidence to support a link between exposure to mustard gas and the veteran's lung condition. However, it also found that the veteran's death was proximately caused by his military service.

The Board denied the claim for service connection for cause of death due to adenocarcinoma of the stomach with liver metastases, finding no evidence linking it to service or any presumptive conditions.

The veteran's claim for an increased evaluation for his service-connected right tibiofibular fracture was denied due to failure to report for a scheduled VA examination.

The Board denied increased ratings for the veteran's service-connected residuals of a right submandibular gland excision and his scar, status post right submandibular gland excision.

The VA determined that the veteran's service-connected conditions did not cause his death, as there was no evidence linking them to the cardiopulmonary arrest.

The veteran's service-connected organic affective disorder, secondary to head trauma, is manifested by severe social and occupational impairment. The Board has determined that the criteria for a 70 percent rating have been met.

The veteran's vision impairment, including diplopia, is currently rated at 30 percent and the claim for an increased rating has been denied.

The Board found no evidence of permanent aggravation of the veteran's pre-service broken left leg condition during service, and thus denied service connection.

The Board finds that the evidence does not support a disability rating greater than 20 percent for residuals of a stress fracture of the right hip with myofascial pain.

The Board found that the appellant knowingly made or participated in making a false statement regarding her claim for unreimbursed medical expenses, leading to forfeiture of all rights under VA laws.

The Board denied the veteran's claim for an earlier effective date for additional compensation for a dependent spouse, finding that his divorce from his second wife took effect in July 1985 and thus his marriage to his third wife was not valid for VA purposes.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for squamous cell carcinoma of the penis with partial amputation and adenocarcinoma of the colon with metastatic liver disease. However, both claims are denied as there is no credible evidence linking these conditions to service or exposure to ionizing radiation.

The veteran's claim for an earlier effective date for service connection of nasal and throat disabilities, to include hoarseness, is denied as the earliest possible effective date is May 1, 1998.