Other conditions decisions — 2003

The Board denied the veteran's claim for service connection for the cause of his death due to exposure to herbicide agents and also denied eligibility for Dependents' Education Assistance under 38 U.S.C., Chapter 35 (DEA). The Board found that there was no evidence linking the cause of death, cancer of the throat and neck, to any service-connected condition or to exposure to herbicide agents.

The veteran's spondylolisthesis/degenerative joint disease of L5-S1 is currently rated at 10 percent, and the Board denied his claim for an increased evaluation. The bilateral knee disability is considered secondary to the service-connected back condition, while a specific bilateral hip and thigh disability was not found.

The Board has determined that the veteran's interstitial cystitis began during her active service and is therefore granted service connection.

The Board denied the veteran's claim as the RO correctly reduced his delimiting date for receiving VA Chapter 30 educational benefits by the number of days he was not on active duty between January 1, 1977, and June 30, 1985. The adjusted delimiting date is July 2, 1999.

The appellant requested an earlier effective date for the grant of apportionment of her son's veteran's compensation benefits. The Board denied this request as the effective date could not be earlier than March 1, 1998, which is when the reopened claim was received and granted.

The Board denied service connection for an acquired psychiatric disorder, finding that the appellant's current psychiatric disability did not start during active duty and was not related to his personality disorder or any other condition incurred in service.

The Board has determined that the appellant does not have qualifying service with the U.S. Armed Forces and thus is not eligible for VA disability benefits.

The Board denied the veteran's claims for service connection for a genitourinary disability and an increased rating for his back disability, finding that the urethral stricture was not incurred in or aggravated by service and was not related to his service-connected back disability.

The Board found that the veteran knowingly and intentionally signed a false affidavit in support of another individual's claim for VA benefits, leading to forfeiture of his rights under 38 U.S.C.A. § 6103(a).

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, attributing it to cancer of the urinary tract as a result of exposure to ionizing radiation. The decision was based on the liberalizing law contained in Public Law 102-578, which provided that the effective date for compensation granted under this legislation would be assigned no earlier than its effective date.

The Board found that the claimant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, thus constituting a bar to VA benefits.

The veteran's claims for an increased rating for his service-connected herpes simplex keratitis of the left eye, and for service connection for macular degeneration of the right eye as secondary to the left eye condition, were denied. The claim for a total disability rating based on individual unemployability due to service-connected disability was also denied.

The Board found that there is no objective evidence of arthritis in the veteran's left hand, and thus denied service connection for arthritis as secondary to his service-connected residuals of a left hand injury. The claim for an increased rating was also denied due to lack of evidence showing limitation of motion or other disabling conditions.

The Board denied the veteran's claim for an earlier effective date, finding that no document prior to April 25, 1996 could be construed as a formal or informal claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for retroactive educational assistance benefits due to a delay in submitting the enrollment certification, which was received over one year after the start of his course. The effective date is not applicable as no award could be made.

The Board denied the veteran's claim for service connection for a chronic respiratory disorder, finding that it was not incurred in or aggravated by active service.

The Board found that there was no evidence linking the cause of the veteran's death to service or a service-connected disability, and thus denied the claim.

The veteran's service-connected keratosis involving the forearms, parietal area, and right thigh was rated at 10 percent. The RO denied his claim for an increased rating.

The veteran's muscle disorder or UI manifested by muscle aches was not incurred in service and is not presumed to have been incurred due to exposure during the Persian Gulf War. The Board found no evidence of such a condition in service or after service.

The Board has determined that the veteran does not have a current disability related to cold injury sustained during service, and therefore, his claim for service connection for chronic residuals of cold injury of the lower extremities, including peripheral vascular disease, is denied.