Other conditions decisions — 2002

The Board found that the veteran's loss of olfactory sense was not caused by VA treatment in April 1984, and thus denied his claim.

The Board found that the overpayment of improved pension benefits was not solely due to VA error and granted waiver of recovery, as the veteran's conduct did not amount to fraud or bad faith.

The veteran does not have an additional disorder of the left eye as a result of his December 1998 surgery at a VA Medical Center, and therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that new and material evidence sufficient to reopen the previously denied claim for service connection for a radial nerve disorder of the left hand has been received, allowing the veteran's petition to be granted.

The veteran's claim for additional VA compensation due to the late receipt of a VA benefit check was denied as there is no legal entitlement under the law.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for transverse myelitis.

The Board has granted service connection for chronic prostatitis and assigned a 10% rating, effective June 14, 2001. The issue of separate evaluation for recurring left pelvic pain is still pending.

The Board denied the veteran's claims for service connection for residuals of a bilateral eye condition and a nervous condition, finding that there was no evidence linking these conditions to his military service.

The veteran's claim for a compensable rating for residuals of rheumatic fever has been dismissed due to the death of the veteran during the appeal process.

The veteran's additional disability to the left great toe is not considered service-connected due to a lack of evidence showing that it resulted from VA surgery performed on April 2, 1999.

The Board found that the veteran's current chronic lung disorder began during service and granted his claim for service connection.

The Board denied the veteran's claim of entitlement to Chapter 30 educational assistance benefits, finding that he did not meet the eligibility criteria due to his service prior to receiving a commission from a service academy.

The case is being remanded for scheduling a hearing before a traveling member of the Board at the RO.

The Board denied the appellant's claim for basic eligibility for nonservice-connected VA death pension benefits due to the veteran's service as a Philippine Scout, which is not considered active military service for pension purposes.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a fracture of the left femur has been dismissed due to his death.

The appellant was denied recognition as the surviving spouse of the veteran for a period prior to October 1, 1998, due to her remarriage after the veteran's death.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for an increased rating for bilateral allergic conjunctivitis is denied as there is no evidence of active conjunctivitis and the current visual impairment is due to non-service-connected disability.

The Board found no evidence of a chronic skin disorder in service and denied the veteran's claim for service connection, concluding that his current skin condition is not related to service or Agent Orange exposure.

The Board found that the veteran's service-connected residuals of navicular fracture, right foot, did not meet the criteria for an evaluation in excess of 10 percent.