Other conditions decisions — 2003

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for psychiatric disability, which was previously denied in an unappealed rating decision of September 1990. The reopened claim is now granted.

The Board has denied the veteran's claim for an initial compensable rating for his service-connected stomach disability (diverticula), finding that the evidence does not support a higher evaluation.

The appellant's service is not legally eligible for VA non-service-connected disability pension due to the absence of legal merit, as his service does not qualify him under the law.

The Board denied the veteran's claim for an effective date prior to July 15, 1964 for service connection of postoperative herniated nucleus pulposus (HNP), finding that there was no evidence of a prior claim filed before this date.

The Board denied the appellant's claims for service connection for residuals of stress fractures of the left 3rd and right 4th toes, as well as bilateral shin splints. The medical evidence did not show current disabilities.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board found that the veteran's arthritis was not incurred or aggravated during his active duty service and denied his claim for service connection.

The Board found that the appellant's recognized active service as a New Philippine Scout from May 1946 to March 1949 does not meet the requirements for basic legal entitlement to VA nonservice-connected disability pension benefits.

The veteran is seeking additional VA vocational rehabilitation training benefits. The case must be remanded due to procedural and evidentiary matters, including obtaining a VA Form 646 or equivalent document, reviewing the record for any additional Job Ready Monthly Progress Review reports, and considering all pertinent regulations.

The Board has determined that the veteran's left eye disorder is not service-connected, as it is due to a congenital condition (estropia) rather than an injury or disease incurred in or aggravated by active service.

The Board denied the appellant's claim for entitlement to VA benefits, finding that new and material evidence had not been submitted.

The Board has denied the veteran's claims for service connection for residuals of brain tumors and right lower extremity neuropathic pain, finding that there is insufficient evidence to establish a relationship between these conditions and his military service.

The veteran's request for payment of non-VA medical services was denied. The case is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO level.

The VA denied the veteran's claim for service connection for throat cancer, finding that there was no evidence linking his diagnosed condition to his military service or exposure to herbicide agents.

The Board denied the appellant's claim for basic eligibility for educational assistance benefits under Chapter 35, Title 38, United States Code because she was over the age of 26 when her veteran parent was found to have a permanent and total disability rating.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for residuals of dental trauma, which was previously denied in July 1990.

The Board found that the veteran's repeated failure to report his Social Security disability benefits resulted in an overpayment of improved disability pension. The Board determined this was due to bad faith on the part of the veteran, and therefore denied waiver of recovery.

The veteran's claim for an increased rating for his service-connected right pelvic fracture is being remanded due to the inadequacy of a previous VA examination and the need to obtain additional medical records.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for the veteran's left eye enucleation and assigned an effective date of August 13, 2001. The initial evaluation remains at 10 percent.