Other conditions decisions — 2002

The Board has determined that the appellant's service-connected regional ileitis and chronic calculus cholecystitis warrant a 100 percent disability rating, effective from the date of the decision.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding no new and material evidence to reopen the claim. The Board also denied service connection for cysts and tumors under the right arm, on right arm, and on neck as there was no evidence linking these conditions to service.,Regarding pension benefits, the effective date was not earlier than September 16, 1996, as the veteran did not file a claim within one year of becoming permanently and totally disabled.

The Board found no credible evidence to support the veteran's claims of a broken nose and deviated septum, both alleged as service-connected disabilities. The VA determined that these conditions are not related to his military service.

The Board found that the veteran's left eye disorder did not have its onset during active service and is therefore not service-connected.

The Board found that the veteran's death was not caused by or a result of any service-connected disability, and thus denied both claims for service connection for the cause of death and for DEA benefits.

The Board denied the veteran's claims for service connection for arthritis, lung disability (claimed as pneumonia), and stomach disability. The decision found that there was no evidence linking these conditions to his military service.

The Board found that the RO did not commit clear and unmistakable error in rating decisions dated in April 1984, April 1985, and August 1985 for failing to assign a 100 percent disability rating for dysthymia.

The Board denied the veteran's request to reopen his claim for service connection for thrombophlebitis, finding that the evidence did not establish new and material information.

The Board has granted a 20 percent rating for the veteran's service-connected Peyronie's disease and impotence, finding that both conditions are most appropriately rated under Diagnostic Code 7522.

The Board denied the veteran's claims for service connection due to lack of evidence showing a direct link between his conditions and active service.

The Board found that the veteran did not incur additional right heel disability as a result of negligence or fault on the part of VA treatment providers, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that recovery of the overpayment in the amount of $2,044 is granted due to VA's primary fault in creating the debt and the resulting undue financial hardship on the appellant.

The Board denied the veteran's claims for service connection for chronic colitis and a hiatal hernia in December 1987. The RO denied his petition to reopen these claims in May 1990, March 1994, and June 1995. New evidence submitted since then supports reopening of the claim for a hiatal hernia but not for chronic colitis.

The Board found that the claimant did not have any service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and denied eligibility for VA benefits based on service.

The Board denied the veteran's claim for service connection for residuals of a tooth extraction, finding that her dental condition did not meet the criteria for compensation or VA outpatient treatment.

The veteran received medical care for acute respiratory failure at the Cleveland Clinic Foundation due to a service-connected disability. However, VA facilities were feasibly available and prior authorization was not obtained within 72 hours of admission.

The Board has reopened the appellant's claim of recognition as the veteran's surviving spouse due to new evidence submitted, including a marriage license and testimony from witnesses who confirmed their relationship.

The Board denied the veteran's request to reopen his claim of service connection for periodontal disease, finding that new and material evidence had not been submitted.

The Board has determined that the appellant does not meet the basic eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code due to his discharge from service being 'under honorable conditions (general)' and did not qualify based on other provisions.

The Board denied the veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.29, finding that his burns did not require hospital treatment or observation lasting more than 21 days.