Other conditions decisions — 2001

The Board denied a compensable disability rating for the veteran's service-connected stress fracture of the right leg, finding that there was no evidence of nonunion or malunion warranting a higher rating and attributing any pain to other conditions.

The Board denied the veteran's request for an increased rating for his bilateral metatarsalgia with pes cavus, as it did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The Board of Veterans' Appeals denied the appellant's claim for service connection for the cause of the veteran's death, finding that there was no link between any service-connected disability and the veteran's terminal illness.

The veteran's case is being remanded for a Travel Board hearing and to ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran knowingly made and caused to be made false statements in order to obtain VA pension benefits, leading to his forfeiture of all rights, claims, and benefits under all laws administered by VA.

The Board denied the appellant's claims for service connection for the cause of her husband's death, dependency and indemnity compensation under 38 U.S.C.A. § 1318, and accrued benefits under 38 U.S.C.A. § 5121.

The veteran's claim for an increased evaluation of his hiatal hernia is being remanded due to the need to obtain VA treatment records from El Paso, Texas and private medical records identified by the veteran.

The Board found no evidence of chronic vocal cord lesions related to the veteran's service or his service-connected lipomas, and denied the claim for service connection.

The veteran's son and daughter elected Chapter 35 education benefits, which became final when they commenced their educational programs. As a result, the veteran is barred from receiving dependency allowance for his children based on school attendance after age 18.

The Board found that the veteran's appeal incorporated a claim for an earlier effective date for the assignment of a 60 percent disability rating. The RO denied this claim, concluding that there was no evidence showing increased disability or inability to work within one year prior to April 28, 1998.

The Board denied service connection for rotoscoliosis of the thoracic spine with convexity to the right, but granted an increased rating to 40 percent for postoperative cystic changes with impairment of the left humerus, traumatic arthritis.

The Board has determined that the veteran is entitled to extension of his delimiting date for Chapter 30 education benefits by a length equivalent to the period between July 30, 1989 and September 4, 1991.

The Board denied the veteran's application to reopen his claim of basic eligibility for VA benefits due to lack of new and material evidence, as the submitted documents were either not relevant or redundant.

The Board has determined that the veteran's skin disorder, actinic keratosis, was incurred during active service and granted service connection for this condition.

The Board found no evidence of a current sinus disability, and denied service connection for chronic allergies and chronic ear infections. The veteran's claimed conditions are not considered to be related to his military service.

The Board has determined that the appellant does not have qualifying active military service and therefore is not a veteran for purposes of entitlement to VA benefits.

The May 9, 1968 rating decision reduced the veteran's special monthly compensation from a rate based on loss of use of both feet to a rate based on loss of use of one foot. The reduction was upheld as not clearly and unmistakably erroneous.

The Board has granted a 20 percent rating for degenerative joint disease of the right ankle and left ankle, effective from discharge.

The Board has determined that the veteran's right eye disability, which includes post-operative status detached retina and ptosis, warrants a rating of 20 percent. The evidence does not support an increase in this rating.

The appellant is entitled to an extension of his delimiting date for use of Chapter 1606 educational assistance, equal to the period of active duty authorized by 10 U.S.C. § 12301(d) or its predecessor section plus four months.