Other conditions decisions — 2002

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Dependents' Educational Assistance, finding that there was no reasonable possibility that the veteran's Waldenstrom's macroglobulinemia could be attributed to exposure to ionizing radiation in service.

The Board denied the veteran's claim for service connection for the cause of his death on a radiation exposure basis, finding that there was no evidence to support this claim.

The veteran's death prevented an award of accrued benefits based on the difference between VA compensation and military retirement pay. However, there is a reasonable doubt regarding whether the veteran was entitled to $446 in November 1995 due to his service-connected disability. The case remains pending for determining entitlement under 38 U.S.C.A. § 1114(s).

The Board denied the claim as new and material evidence was not submitted to reopen a previously denied claim for basic eligibility for VA benefits.

The veteran does not meet the basic eligibility requirements for nonservice-connected pension benefits as he did not serve 90 days or more of active duty during a period of war, and was discharged due to receiving disability compensation rather than a service-connected disability.

The Board found that a partial waiver of the veteran's overpayment of pension benefits, in the amount of $10,360.50, plus accrued interest, is consistent with the principles of equity and good conscience, and recovery of that amount by the Government is waived.

The VA granted service connection for the veteran's residuals of a fracture of the left distal fibula with degenerative changes and assigned a 10 percent evaluation effective February 8, 1996.

The veteran's hypertensive cardiovascular disease results in dyspnea on exertion and likely precludes him from doing more than light manual labor, warranting a 60 percent disability rating.

The Board denied the appellant's claim for waiver of recovery of an overpayment of death pension benefits, finding that her request was not timely filed due to her alleged mental incompetence at the time.

The VA denied the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to a lack of additional disability resulting from his March 1991 triple bypass surgery, which was deemed not compensable.

The veteran's child is denied educational assistance benefits under Chapter 35, of Title 38, of the United States Code, for periods of enrollment from August 1994 through May 1998 due to lack of entitlement under the law.

The Board denied service connection for arthritis of both legs and found that the veteran's claims to reopen his back, hip, and left foot disorders were not supported by new and material evidence.

The Board of Veterans' Appeals (Board) has determined that the appellant did not have recognized active service and therefore does not qualify for VA benefits.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for schizoaffective disorder, which is related to active service.

The Board denied the appellant's request for an earlier effective date for payment of DIC benefits, finding that the award was based on a liberalizing law and regulation (reducing the marriage length requirement to 1 year), which allowed the effective date to be fixed in accordance with the facts found but not earlier than December 11, 2000.

The Board found that the veteran was in pursuit of a course of vocational rehabilitation training at the time of his back injury, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an increased rating for peroneal nerve palsy, left side was denied as the clinical findings do not show complete paralysis of the left external peroneal nerve.

The Board found no additional disability resulting from VA treatment of the veteran's left second toe in December 1997, and denied compensation under 38 U.S.C.A. § 1151.

The Board found that VA medical treatment in May and July 1994 did not result in additional disability to the veteran's right side of face, including TMJ syndrome, or bur hole defect of the left side of skull with cranial disability.

The Board has determined that the veteran's intermittent explosive disorder warrants a 100 percent disability rating due to its severe social and industrial impairment, including total occupational and social impairment.