Other conditions decisions — 2002

The veteran's application for educational assistance benefits under Chapter 30, Title 38, United States Code was denied because he did not meet the eligibility criteria for the benefit sought.

The appellant is not recognized as the surviving spouse of the veteran for purposes of receiving nonservice-connected death pension benefits.

The RO denied the veteran's claim of entitlement to service connection for progressive rod and cone degeneration in both eyes, citing that it existed prior to service and had not been aggravated.

The Board denied the veteran's request for a waiver of repayment of an overpayment of $2,649 in improved disability pension benefits due to unreported household income. The decision found fault on the part of the veteran and concluded that recovery would not be against equity and good conscience.

The veteran's spouse is entitled to accrued benefits for the additional compensation not paid to him from October 1, 1978, to July 1, 1998.

The Board has determined that the veteran's current respiratory disorder is not related to his service and denied his claim for service connection.

The Board found no evidence of polycystic ovarian disease and denied the veteran's claim for service connection.

The Board denied the appellant's claim for VA benefits as a helpless child of her deceased veteran father due to insufficient evidence showing she was permanently incapable of self-support at age 18.

The Board has determined that the veteran's exposure to cold weather conditions during service resulted in residuals of cold injuries, and these residuals are now considered service-connected.

The appellant's claim for service connection for alcoholism and drug addiction was denied as the law precludes such claims after October 31, 1990.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for a nervous condition, finding that new and material evidence had not been submitted.

The Board has determined that the appellant's claimed conditions, including residuals of an elective vasectomy and eye disability, are not service-connected. The claims have been denied.

The Board denied the veteran's request for a waiver of overpayment of VA compensation benefits, finding fault in his failure to timely report dependent changes and holding that unjust enrichment would result from requiring repayment.

The veteran's cause of death was due to adenocarcinoma of the colon, which was not present in service or until many years after. The Board found no evidence linking the cancer to his military service and denied the claim.

The Board found that the veteran's current cardiac disorder is unrelated to his service and denied his claim for service connection.

The Board has determined that there was clear and unmistakable error in the March 1950 rating decision denying service connection for poliomyelitis, as the RO incorrectly applied the existing law regarding presumptive service connection.

The veteran's varicose veins of the right leg were incurred during active service and have been granted service connection. The issue regarding an increased evaluation for varicose veins of the left leg is inextricably intertwined with this decision.

The veteran's claim for additional compensation for his granddaughter is denied as there is no legal entitlement to the benefit claimed.

The Board has granted an increased evaluation of 10 percent for the residuals of surgery for left varicocele, manifested by a painful incision site. The special monthly compensation for loss of use of a creative organ was also restored.

The Board denied the claim for service connection for the cause of the veteran's death, attributing it to a nicotine dependence that arose after service and was not related to smoking during military service.