Other conditions decisions — 2002

The Board found that the veteran's skin disability did not meet the criteria for service connection as it was not incurred or aggravated by active service, and there is no evidence of a chronic skin condition within one year of his last exposure to Agent Orange. The claim was denied.

The Board of Veterans' Appeals (BVA) has remanded the case to the RO for further development and readjudication due to issues regarding excessive income affecting the appellant's VA death pension benefits.

The Board found that the veteran's need for a total abdominal hysterectomy and bilateral salpingo-oophorectomy secondary to uterine fibroids was not incurred in or aggravated by active service.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA benefit purposes due to her divorce from him at the time of his death and lack of a valid marriage.

The Board finds that the veteran's current psychiatric disorder, diagnosed as obsessive compulsive disorder with agoraphobia and panic attacks, arose during his military service. The decision is in favor of granting service connection for this condition.

The Board denied the veteran's claim for an increased rating for her service-connected status post total hysterectomy and bilateral oophorectomy, finding that the schedular evaluation was adequate and no extraschedular evaluation was warranted.

The Board denied the veteran's claim for service connection for a skin disorder, finding no evidence of a chronic disease in service or within the presumptive period due to herbicide exposure. The examiner opined that the current skin condition is not related to Agent Orange exposure.

The Board denied the veteran's claim for an increased rating for his service-connected fracture of the right fifth metacarpal, finding that the evidence did not support a higher rating than the initial 10 percent assigned.

The Board has reopened the veteran's claim for service connection of stricture of the urethra and granted an effective date earlier than November 25, 1991, for compensation under 38 U.S.C.A. § 1151.,Special monthly compensation based on housebound status or need for regular aid and attendance is not addressed in this decision.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for malaria, as the veteran's assertions were consistent with previous claims. The evidence did not show a recurrence of malaria during service.

The Board denied the veteran's claim for service connection for a cardiovascular disorder, finding no evidence of a nexus between his current heart disease and his in-service episode of glomerulonephritis. The Board also found that the veteran's postservice heart condition did not manifest within one year after separation from service.

The Board found that the appellant was not entitled to payment for a course with a non-punitive grade, and thus the retroactive reduction in her Chapter 35 benefits was proper.

The Board denied the veteran's claims for increased ratings and a separate rating for multiple noncompensable service-connected disabilities, finding that his service-connected auditory canal disease did not meet criteria for compensation.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits in the amount of $28,520 due to his demonstrated bad faith in creating the overpayment.

The Board found that the veteran's default on a VA-guaranteed mortgage resulted in an indebtedness of $25,000. The decision granted waiver of recovery of this debt.

The Board denied an extension of the delimiting date for educational assistance benefits under Chapter 35, Title 38 of the United States Code because the appellant's circumstances did not prevent her from using education benefits prior to February 1991.

The Board found that the veteran's death was not caused by a service-connected disability or one which may be presumed to have been incurred in service. The cause of death, myocardial infarction due to coronary thrombosis, was attributed to pulmonary fibrosis, which had an unknown etiology and predated service.

The Board denied the veteran's claim for an earlier effective date of July 30, 1990 for service connection of a psychophysiological gastrointestinal disorder (PPGID). The decision stated that the earliest possible effective date was July 30, 1990 based on the reopening and granting of his claim.

The Board determined that new and material evidence had not been submitted to reopen the claim for service connection for a right inguinal hernia, thus denying the reopening of the claim.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension benefits, finding that it was not received in a timely manner.