Other conditions decisions — 2003

The veteran's overpayment of VA improved pension benefits was waived due to financial hardship and undue hardship caused by the creation of the debt.

The Board finds that the veteran's lung disability, manifested by interstitial fibrosis, is due to asbestos exposure during his service and grants service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim regarding whether the appellant's character of discharge constitutes a bar for VA benefits under Chapter 35, Title 38. The issue is now on its merits.

The Board has determined that the VCAA requirements have not been fully satisfied and thus remands the case for further development.

The Board found that the veteran's pre-existing scoliosis of the thoracic spine was aggravated by service, leading to a grant of service connection.

The veteran's claim for an initial evaluation in excess of 40 percent for peptic ulcer disease, duodenal ulcer, esophagitis, hiatal hernia, and postoperative vagotomy was denied as the veteran failed to report for a scheduled VA examination without good cause.

The Board has determined that the veteran's current skin disorder(s) is/were incurred during active service, and granted service connection for a skin disorder. The scar residuals of shell fragment wound to the right side of face have been rated as noncompensable.

The veteran's claim for a compensable rating for chronic pyelonephritis was denied due to his failure to respond and cooperate with VA efforts, including failing to provide necessary information and attending scheduled examinations.

The Board has reopened the veteran's claim for service connection due to new and material evidence. However, the claim is denied as there is no objective clinical evidence linking any current psychiatric disability to his period of military service.

The Board has remanded the case to the RO for scheduling a hearing before a traveling Veterans Law Judge of the Board of Veterans' Appeals.

The Board has determined that new and material evidence was presented to reopen the veteran's previously denied claim for service connection for a chronic eye disorder. The case is now before the Board on a de novo basis, but further examination is needed to determine the exact nature and etiology of the veteran's current eye disability.

The Board has determined that the appellant failed to file a timely substantive appeal regarding her claim of service connection for the cause of the veteran's death, and thus the matter is dismissed.

The veteran's claim for an earlier effective date for the grant of special monthly compensation (SMC) for loss of a creative organ is denied. The Board found that entitlement to SMC arose prior to April 10, 1997, and thus the earliest possible effective date would be April 10, 1997.

The Board has deferred the decision on service connection for gum disease pending additional development. The case is now being remanded to the RO for consideration of all evidence, including a March 2003 VA dental examination.

The Board dismissed the claim as there was no legal basis for service connection due to the absence of active military duty at the time of the hernia repair.

The Board has determined that W.C. is recognized as the veteran's dependent spouse for VA benefits purposes, based on the validity of his marriage to J.R. and subsequent marriage to W.C., which was valid under Philippine law.

The Board has determined that the veteran's varicocele of the left testicle developed during service and is therefore granted service connection.

The Board has granted service connection for the veteran's right Achilles tendon rupture, finding that it is proximately due to or the result of his service-connected lumbar disc disease at L4-L5.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for Crohn's disease, finding that there is no evidence linking the condition to his active duty training.

The veteran's recognized service does not constitute active military service for purposes of VA non-service-connected pension benefits, and therefore the claim is denied.