Other conditions decisions — 2002

The Board granted an earlier effective date of February 9, 1987 for the assignment of TDIU based on reasonable doubt raised as to whether the appellant was able to work at that time.

The Board has denied the veteran's claims for service connection for cardiovascular disease and gastrointestinal disorder, finding no evidence of such conditions during or within one year after service. The appeal is denied.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was granted effective February 17, 2000. The earliest date entitlement arose is February 3, 1997.

The Board has determined that the veteran's recurrence of rectal cancer was proximately caused by VA's failure to diagnose and treat his initial rectal cancer in April 1990, resulting in additional disability. The claim is granted.

The Board denied service connection for pleurisy and varicose veins of the right leg due to lack of new and material evidence for pleurisy, and because there is no medical evidence linking current varicose veins to service.

The Board finds that the veteran's claims for service connection for nicotine dependence and residuals of smoking, including respiratory disorder, breathing problems, and emphysema, are denied as they are not legally meritorious due to a statutory prohibition on such claims.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for nasal problems claimed as due to injury during in-service root canal surgery. The issue is now considered on its merits.

The Board denied the appellant's claim for dependency and indemnity compensation because she was not married to the veteran at the time of his death, which is a requirement under VA regulations.

The Board denied the claimant's request for waiver of recovery of an overpayment of $16,678 in VA death pension benefits due to her bad faith in not reporting additional income.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for bilateral hammertoes. However, the evidence does not warrant a grant of service connection as it is unclear whether the current condition was aggravated by military service.

The Board denied the veteran's claims for an extension of a temporary total rating and increased evaluation for his right knee disability, finding that there was no evidence demonstrating severe postoperative residuals such as therapeutic immobilization or weight-bearing prohibitions.

The Board denied the veteran's claim for a compensable initial rating for residuals of his left index finger fracture, finding that there was no demonstrable limitation of function and thus no basis for a higher evaluation.

The Board denied the veteran's request for waiver of recovery of an overpayment of educational assistance under Chapter 30, finding that recovery would not be against equity and good conscience.

The Board denied the veteran's claim for service connection for chest pain, finding that there is no current diagnosis of a chronic disability caused by service.

The veteran's claim of service connection for Amyotrophic Lateral Sclerosis has been resolved in his favor, and he is now receiving a 100% disability evaluation.

The veteran's claim for outpatient dental treatment at VA expense is denied as he does not meet the eligibility criteria and no legal basis exists to provide free dental care.

The Board denied the appellant's claim for service connection of the cause of death, finding that no disability related to active service was the principal or contributory cause of death.

The Board found that the appellant's eligibility for Chapter 1606 educational benefits had expired, and thus denied her claim.

The case is being remanded due to the need for updated information on the appellant's income and medical expenses, as her claim may be eligible for VA death pension benefits.