Other conditions decisions — 2002

The Board has determined that an earlier effective date for the award of nonservice-connected death pension benefits, including special monthly pension based on need for regular aid and attendance, is not warranted. The RO denied pension in December 1997 due to lack of income information, but granted it as of October 7, 1997.

The Board of Veterans' Appeals has determined that the veteran's current vision loss due to macular degeneration is proximately due to his service-connected arteriosclerotic heart disease with vascular hypertension and arteriosclerosis, granting the claim for secondary service connection.

The Board has determined that the veteran does not have a current disability from shoulder disorders related to his active military service, and thus is not entitled to service connection for right or left shoulder disorders.

The Board has granted a higher rating of 50 percent for the veteran's dysthymic disorder, finding that it causes occupational and social impairment with reduced reliability and productivity.

The veteran's claim for nonservice-connected pension benefits was denied because his service did not meet the minimum of 90 days required for such entitlement, and he had not been medically discharged from service for a service-connected disability.

The veteran's son, the appellant, is not eligible for VA educational assistance because his father is not totally disabled due to a service-connected disability.

The Board denied the veteran's waiver request, finding that recovery of the overpayment would not be against equity and good conscience.

The Board has granted a waiver of recovery for an overpayment of death pension benefits in the amount of $4,016 due to the appellant's failure to report her receipt of Social Security Administration (SSA) income. The decision concludes that the appellant's actions did not constitute bad faith and that recovery would be against equity and good conscience.

The Board has granted service connection for malaria and assigned a 10% rating for degenerative disc disease of the lumbar spine with lumbosacral strain. The initial ratings for degenerative joint disease (arthritis) of the cervical spine with cervical strain, and post-operative left knee disability have also been granted.

The veteran was granted service connection for non-Hodgkin's lymphoma with a 100% rating effective from September 29, 2000. The appellant is seeking an earlier effective date.

The Board denied the reopening of the appellant's spousal recognition claim, upholding the RO in a decision issued in May 1999. The Court vacated this decision and ordered a remand due to the enactment of the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's current medial epicondylitis of the right elbow is related to his military service, and thus granted service connection for this condition. The lateral epicondylitis of the left elbow was not found to be incurred during service.

The Board denied the appellant's request for a waiver of his loan guaranty indebtedness, which was originally established due to default on a VA guaranteed loan. The debt was $12,235.43 plus accrued interest at the time of the decision.

The Board denied the veteran's request to reopen his claim for service connection of a left leg disorder, finding that the submitted evidence was not new and material.

The Board denied the veteran's claim for service connection for loss of sense of smell, finding that it was not incurred during his active military service and is not proximately due to or the result of his service-connected disability from allergic rhinitis and sinusitis.

The Board has granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) effective from March 26, 2002. The appellant is not entitled to earlier effective dates.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code due to lack of meeting service eligibility criteria.

The Board has granted service connection for chronic lymphadenopathy due to an undiagnosed illness, finding that the veteran's symptoms are attributable to her service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board denied the veteran's claim for service connection for mild bilateral eyelid retraction, finding that her eyelid problems in service were acute and transitory, and resolving without residual disability. The evidence did not show current eyelid retraction or an endocrinopathy causing it.

The Board denied the veteran's claim of entitlement to service connection for progesterone deficiency, finding that it is not a disease or disability resulting from military service.