Other conditions decisions — 2002

The Board denied service connection for postoperative ventral hernia residuals and a rating in excess of 30 percent for the veteran's gastrointestinal disorder, finding that the veteran's current condition was not incurred or aggravated by his military service.

The VA denied the veteran's claim for service connection for the cause of his death due to esophageal cancer, finding that it was not related to his military service. The appellant is also ineligible for Survivors' and Dependents' Educational Assistance.

The Board found that the appellant's discharge was under dishonorable conditions due to an absence without official leave (AWOL) for a continuous period of at least 180 days and accepted his request for a discharge for the good of the service. The Board concluded this made him ineligible for VA benefits.

The Board found that the veteran's duodenal ulcer was not incurred in or aggravated by active service and denied his claim.

The VA has determined that compensation for Vincent's Stomatitis and periodontal disease is not warranted as these conditions are not considered disabling under VA regulations.

The veteran's claim for service connection for stroke residuals, claimed as a result of mustard gas exposure is denied. The Board found that the veteran was not exposed to mustard gas in service and did not have a stroke in service or until many years after service.

The appellant's claim for VA disability compensation benefits was dismissed due to the death of the appellant during the appeal process.

The Board has determined that the veteran's left eye blind spot is causally related to his service-connected malaria and therefore grants the claim for service connection.

The Board denied the appellant's claim of entitlement to VA benefits for P.T. as a helpless child, finding that new and material evidence had not been submitted.

The Board denied the appellant's claims for increased ratings for residuals of shell fragment wounds (SFWs) of the left buttock, osteomyelitis of the left humerus, and limitation of motion of the left elbow. The current evaluations are found to be appropriate.

The Board denied the veteran's claims for service connection for urinary stress incontinence and an increased rating for urinary tract infection, finding no current disability of urinary stress incontinence. The temporary total evaluation claim was also denied.

The Board denied the veteran's request for waiver of overpayment of apportioned VA benefits, finding that it was not timely filed.

The Board denied the veteran's claim for service connection for chronic right pneumothorax and restrictive lung disease, finding no evidence of a diagnosed condition related to herbicide exposure in Vietnam or due to active duty service.

The Board found that an effective date earlier than January 28, 2000 for the award of additional compensation based on the veteran's spouse being in need of regular aid and attendance is not shown.

The Board denied the veteran's claim for service connection for status post myocardial infarction, finding no medically confirmed myocardial infarction in his past, including during any period of service.

The Board has determined that the overpayment in the calculated amount of $1,303 was not properly created and therefore grants the appeal.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his heart failure, interstitial pneumonitis, and pancytopenia to his military service.

The Board denied the veteran's request for waiver of recovery of overpayment of nonservice-connected disability pension benefits, finding that recovery would not be against equity and good conscience.

The Board found that the veteran's fatal cardiac arrest and hypoxic brain injury were not caused by or related to his service-connected conditions, and thus denied the claim for service connection for the cause of death.

The Board found that the veteran's claim for compensation under 38 U.S.C.A. § 1151 was not well-grounded and denied it, concluding that the residuals of a pneumothorax were not proximately caused by VA carelessness or negligence.