Other conditions decisions — 2002

The Board denied the veteran's claim for eligibility for Chapter 30 educational assistance benefits due to his failure to meet the service eligibility requirements under the relevant statutes and regulations.

The veteran does not have a skin disability resulting from exposure to herbicides during military service, and his claim for service connection is denied.

The Board found that the veteran does not have a current asbestos-related disability and therefore denied his claim for service connection for small airways obstructive defect claimed as due to asbestos exposure. The issue of reopening the right ear hearing loss claim is remanded.

The veteran's appeal for a waiver of recovery of overpayment in the amount of $17,701 was dismissed due to his failure to respond to requests for information and evidence within one year.

The claim for service connection for the cause of the veteran's death is being remanded due to a need for additional development, including obtaining dose data from the Defense Threat Reduction Agency regarding the veteran's in-service exposure to radiation while serving in Japan.

The Board found that the veteran's bullous emphysema was not related to his military service and denied his claim for service connection.

The Board denied the veteran's claim for service connection for a chronic acquired genitourinary disorder manifested by irritative avoidance symptoms, finding no separate condition and linking the symptoms to his already service-connected generalized anxiety disorder.

The Board denied the veteran's claims for service connection for a sleep disorder and a chronic disability manifested by fatigue, finding that these conditions are related to his service-connected major depression.

The Board has determined that the veteran does not have a service connection for any of the claimed disabilities, including back injury, facial injury, sinus cavity disability, jaw disability (to include teeth extraction), and bilateral hip replacements.

The Board has determined that the veteran does not have current residuals of a bruised tailbone, and thus service connection for this condition is denied.

The VA has determined that the veteran's service-connected left thigh shell fragment wound residuals do not meet the criteria for a higher rating than 10 percent.

The veteran's duodenal ulcer, postoperative stomach resection was rated at 40% prior to his death. The Board granted a 60% rating for the purposes of accrued benefits based on evidence showing anemia and malnutrition due to status post gastrectomy.

The Board of Veterans' Appeals (Board) determined that the appellant's deceased spouse did not have qualifying service in the Armed Forces of the United States, and therefore denied her claim for basic eligibility for Department of Veterans Affairs (VA) death benefits.

The veteran's claim for outpatient dental treatment at VA expense is denied as he does not meet the eligibility criteria and has no service-connected condition that would entitle him to such benefits.

The Board found that the overpayment of $2056 was valid and denied any additional amount, but granted a waiver for the overpayment. The veteran's actions contributed to the creation of the debt.

The Board denied the veteran's attempt to reopen his claim for service connection for arthritis of the dorsal spine, finding that no new and material evidence had been submitted.

The Board denied the reopening of a claim for service connection for post-traumatic stress disorder due to lack of new and material evidence.

The Board found that the veteran's current jaw disability is presumed to have been incurred in service due to a combat injury, and thus granted service connection.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $3,609 due to her fault in not reporting her employment income and failure to make restitution.

The Board has determined that the veteran's bowel dysfunction disability more closely approximates the criteria for a 100 percent evaluation, and thus grants a 100 percent rating.