Other conditions decisions — 2001

The veteran is seeking service connection for post-traumatic stress disorder (PTSD) and the Board has determined that additional development is needed to determine if he engaged in combat, verify his claimed stressors, and establish a causal nexus between current symptoms and any verified stressors.

The Board has granted a 10 percent evaluation for the veteran's left little finger disability, which is rated under Code 5156 of the Rating Schedule due to extremely unfavorable ankylosis.

The Board denied the veteran's claim of service connection for alcoholism and did not reopen his claim for service connection for bilateral pes planus.

The Board has determined that the appellant had no recognized military service with the Armed Forces of the United States and therefore, is not considered a 'veteran' for purposes of entitlement to VA benefits.

The veteran's claim for an earlier effective date for pension benefits is denied as the RO correctly assigned September 18, 1997 as the effective date since it was when the veteran filed a claim for nonservice-connected pension benefits.

The Board has determined that a noncompensable disability evaluation is appropriate for the veteran's residuals of a fracture of the right fifth finger.

The Board has granted a 10 percent evaluation for the veteran's service-connected left fourth toe disability, effective from December 21, 1991.

The veteran's service with the Philippine Army is not considered active military service for VA pension benefits, and thus he does not qualify for initial eligibility for nonservice-connected pension benefits.

The Board denied the veteran's claims for increased ratings for his bilateral inguinal hernias, finding that there was no basis to grant a higher rating than 10 percent for the left inguinal hernia and that the right inguinal hernia did not meet the criteria for a compensable evaluation.

The veteran's service as a Philippine Scout is not considered active military service for VA pension purposes, and the appellant did not file a claim within one year of her husband's death. Therefore, both claims for non-service-connected death pension benefits and accrued benefits are denied.

The Board denied service connection for loss of teeth and a skin disorder of the hands and feet, finding that the claims were not well-grounded.

The veteran's appeal is being remanded for further development, including obtaining additional service medical records and conducting a VA examination to assess the extent of his burn disabilities. The issue of entitlement to higher disability ratings for his service-connected hand burns is also pending.

The Board denied the appellant's request to reopen her forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The veteran's failure to report his spouse's income did not result from fraud, misrepresentation or bad faith. The Board found that the veteran was unaware of his responsibility to report changes in his family's income and concluded that this does not preclude waiver of recovery of the overpayment.

The VA denied the appellant's claim for basic eligibility to VA death benefits because her spouse did not have recognized service in the U.S. Armed Forces, as certified by the United States Army Reserve Personnel Center.

The VA denied the veteran's claim for service connection for squamous cell carcinoma of the left mandibular trigone, finding that there is no positive association between exposure to herbicides and this condition. The Board concluded that direct service connection cannot be granted because the evidence does not establish a causal relationship with his active service.

The Board denied the veteran's request for an extension of her delimiting date for educational benefits under Chapter 30, Title 38, United States Code beyond March 21, 2000. The decision stated that the appellant did not meet the criteria for an extended period of eligibility due to a disability preventing her from commencing or completing school.

The Board denied reopening of claims for service connection for a stomach disorder, scabies, and a foot disorder. The claim for nonservice-connected disability pension was also denied.

The veteran's appeal is remanded due to incomplete medical records and the need for a VA examination. The case will be reviewed again after these issues are addressed.

The Board denied the appellant's request for waiver of overpayment in VA pension benefits due to his failure to report income from rental property, finding that he acted in bad faith.