Other conditions decisions — 2003

The appellant's claim for basic eligibility for VA compensation or pension is denied due to a lack of qualifying service with the United States Armed Forces.

The veteran's loss of sense of smell, anosmia, is found to be related to the multiple concussions he suffered during service and thus service connection is granted.

The veteran's funding fee of $3480 on his VA guaranteed home loan cannot be waived due to the specific legal requirement that a veteran must be receiving compensation for service-connected disability at the time the funding fee is incurred. The veteran did not start receiving compensation until after he paid the funding fee.

The veteran's income exceeded the annual maximum VA pension rate, which disallowed payment for services provided by Fremont County Ambulance, LDS Hospital Life Flight, and Gold Cross Ambulance on November 29, 2001.

The Board has determined that the veteran's claimed head and neck injuries are not related to service, and thus denied service connection for these conditions.

The Board denied the veteran's claim for service connection for a left leg disability, including thrombus of the superficial femoral vein, finding that there was no evidence linking the condition to his military service.

The Board denied the veteran's request for waiver of overpayment of VA vocational rehabilitation subsistence allowance, finding that recovery would not be against equity and good conscience.

The veteran's gynecological disorder and iron deficiency anemia were found to have onset in service, but a chronic condition was not established. The left knee disability received a 20% evaluation effective from July 1991.

The veteran's death was not caused by active service or VA medical treatment, and he did not have a claim pending for the benefits sought at the time of his death.

The Board found that the April 30, 1969 rating decision granting service connection for residuals of a gunshot wound to the left thigh and assigning it a noncompensable evaluation was not clearly and unmistakably erroneous.

The VA determined that the veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has granted the appellant's claim for apportionment of the veteran's compensation benefits on behalf of his minor children, effective from September 1, 1991 to December 23, 1998.

The veteran requested to withdraw his appeal for an initial compensable evaluation of bilateral defective hearing, and the Board has dismissed the appeal without prejudice.

The VA has denied the veteran's claim for an increased evaluation of his service-connected chronic brain syndrome with brain trauma, currently rated at 50 percent.

The Board denied the veteran's claim for service connection for a psychiatric disorder, including a personality disorder and polysubstance abuse, finding that these conditions were not incurred in or aggravated by service.

The Board dismissed the appeal due to the veteran's death prior to the January 2003 decision, which was not in accordance with due process.

The initial 10 percent rating assigned for right foot fracture residuals remains appropriate as the evidence does not show more than moderate disability.

The veteran's claim for service connection for organic brain syndrome with dementia of the Alzheimer's type was dismissed due to his death prior to a Board decision.

The Board denied the veteran's claim for service connection for a stomach disorder with diarrhea as secondary to his service-connected residuals of a compression fracture at T5, finding that there was no evidence linking the condition to service or any incident thereof.

The Board has granted service connection for hidradenitis suppurativa of the left axilla and assigned a 10 percent rating effective October 6, 1996.