Other conditions decisions — 2002

The veteran's dementia due to head trauma was granted a 70 percent evaluation effective December 1, 1998.,The veteran's TDIU benefit was also granted effective December 1, 1998.

The Board denied service connection for post-operative basal cell carcinoma of the nose due to exposure to ionizing radiation, and did not address the issue of an increased rating for degenerative joint/degenerative disc disease of the lumbosacral spine.

The VA denied an increased rating for service-connected residuals of shell fragment wounds to the lower back, finding that the current disability is due to degenerative arthritis and not related to the service-connected condition.

The Board denied the appellant's claim for VA non-service-connected burial benefits and plot or interment allowance, finding that the veteran did not meet the criteria due to his dishonorable discharge from service.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to dependents' educational assistance benefits under Chapter 35, Title 38, United States Code due to lack of evidence supporting these claims.

The Board found that the veteran's irritable colon syndrome preexisted his military service and did not increase in severity during service. Therefore, it was determined that the condition was aggravated by a non-service-connected cause.

The Board denied the veteran's claims for increased initial evaluations, finding that his shell fragment wound residuals did not meet criteria for compensable ratings.

The Board found that the forfeiture declared against the appellant was proper based on his knowing and intentional misrepresentation of his marital status.

The Board found that the appellant timely filed a substantive appeal from the October 17, 1991 rating decision denying his application to reopen a claim of service connection for a brain tumor.

The VA denied the appellant's claim for basic eligibility for VA benefits based on her late husband's alleged qualifying military service in the United States Armed Forces, as the Department of the Army certified that he had no recognized guerrilla or Commonwealth Army service.

The Board has determined that the veteran's skin disorders, including cysts, were not incurred as a result of service and are not related to herbicide exposure. The claim for an increased rating for PTSD is also denied.

The Board denied the veteran's claim for an increased rating for his service-connected right arm disability, finding that the evidence did not meet the criteria for a higher evaluation under the applicable schedular criteria.

The Board has denied the veteran's claims for service connection for gastrointestinal and dermatological disorders, finding no evidence of a causal relationship between these conditions and his active duty service.

The Board has determined that the veteran's current ulcerative colitis is related to an episode of intestinal disease during his active service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the veteran's previously denied claim for service connection for a left eye condition, including defective vision with amblyopia, external strabismus, and esotropia. The decision now requires consideration of this reopened claim.

The Board finds that the veteran's left foot neuroma disability warrants a 10 percent evaluation, as it does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $13,431 was not timely filed and thus denied.

The Board denied the appellant's claim as she did not meet the criteria for recognition as the surviving spouse of the veteran for purposes of establishing entitlement to VA benefits.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the requirements of a valid marriage or deemed valid marriage under VA law.

The Board denied service connection for bilateral retinal detachment and a compensable evaluation for chronic conjunctivitis, finding that the evidence did not support a link between these conditions and service.