Other conditions decisions — 2002

The Board granted a partial waiver of recovery of the overpayment, in the amount of $800, for the period from February to May 1999. Recovery of the remaining $400 for the months of June and July would not be against equity and good conscience.

The Board found that the veteran's VA medical treatment from January to October 1990 led to his current bowel disability and short gut syndrome, which was a necessary consequence of the treatment. The delay in proper diagnosis and treatment contributed to the severity of his condition.

The Board found that the veteran's chronic acquired gynecological disorder was not incurred in or aggravated by active service, and denied her claim.

The veteran's cause of death was due to respiratory arrest, with chronic lung disease and bladder cancer as significant contributing conditions. The VA determined that neither the chronic lung disease nor the bladder cancer were service-connected or related to Agent Orange exposure.

The Board found no evidence to support a connection between the veteran's brain tumor and either Agent Orange exposure or service-connected malaria, thus denying his claims for service connection.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery G.I. Bill Benefits) for the period from November 8, 1998 to January 31, 1999 due to the application being filed more than one year after the training began.

The veteran's service-connected Crohn's disease limits her ability to work due to ongoing abdominal pain, diarrhea, and unpredictable incontinence. The Board finds that the disability does not meet or approximate criteria for a higher evaluation.

The veteran's service-connected small bowel resection disability is not sufficiently disabling to preclude substantially gainful employment.

The Board denied service connection for nystagmus, finding no evidence of the condition within one year after discharge and lacking competent medical evidence to link it to service or a service-connected disability.

The Board denied the veteran's claim for an increased rating for residuals of excision of pituitary adenoma, finding that the evidence did not meet the criteria for a higher rating based on glucose intolerance, hypertension, or visual defect.

The Board denied the veteran's claim for service connection for residuals of an injury to the right lower extremity, finding that there is no evidence linking his current complaints of pain to his in-service ankle sprain.

The Board of Veterans' Appeals has determined that the veteran's death was not caused by his service-connected pituitary gland tumor, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board denied the veteran's claim to reopen his secondary service connection for a bilateral eye disability, finding that the new evidence submitted was cumulative and did not provide a causal relationship between his service-connected tubercular pericarditis and his current diagnosed eye problems.

The Board denied the veteran's claims for service connection for myoclonic jerks, claimed as Tourette's syndrome, and a higher evaluation for PTSD. The Board found no evidence of disease or injury in service that could be linked to the current disability, and there was no evidence of exposure to Agent Orange. The Board also noted that the veteran did not meet the criteria for a 100% rating under the General Rating Formula for Mental Disorders.

The Board denied the veteran's claim for an earlier effective date of December 19, 1995 for benefits under 38 U.S.C.A. § 1151 due to lack of a timely filed claim.

The Board denied the veteran's claim for service connection for a skin condition, finding that any pre-service or post-service skin condition did not have its onset during active duty.

The veteran's claim for service connection for residuals of removal of a fistula was denied as there are no findings of present disability related to the operation.

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for residuals of a right temporomandibular joint injury, which was previously denied in March 1983.

The Board finds that the veteran submitted a timely substantive appeal with the August 1995 rating decision, thus granting jurisdiction over all pending issues addressed in his VA Form 9.

The Board denied service connection for a liver disorder as secondary to service-connected hepatitis, finding that there was no evidence linking the liver disorder to service or service-connected hepatitis.