Other conditions decisions — 2003

The Board found that the veteran's death was due to hepatic, anoxic encephalopathy, which was not present during service or for many years thereafter and was not causally linked to service. Therefore, service connection for the cause of the veteran's death is denied.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to the fact that he did not meet the eligibility criteria as his father was found to be permanently and totally disabled before he reached his 26th birthday.

The veteran's death certificate indicates he died in November 1996. The appellant, the veteran's daughter, filed an application for VA burial benefits in October 2001, which was more than two years after the veteran's burial. As a result, her claim is denied.

The Board has remanded the case due to procedural issues and the need for a VA examination.

The Board has remanded the case for further development and consideration, including obtaining VA hospitalization records and scheduling a comprehensive genitourinary examination. The veteran's service-connected post-operative residuals of an epididymectomy with chronic epididymitis and post-operative residuals of a left orchiectomy will be evaluated.

The Board has determined that the veteran's claim for an earlier effective date for service connection for non Hodgkin's lymphoma was not supported by evidence in possession of VA at the time of his death, and thus denied the claim.

The Board found that the veteran's angina pectoris and left elbow disorder were not incurred or aggravated by service, and may not be presumed to have been incurred in service.

The Board found that the veteran's spontaneous pneumothorax in service resolved without residual disability and is unrelated to chronic obstructive pulmonary disease demonstrated many years later. Therefore, the claim for residuals of a pneumothorax was denied.

The Board denied the veteran's request to restore his child's apportionment of benefits from $1,043 to $110 due to an administrative error. The appellant was notified and had a period of 60 days to submit evidence but did not provide any that would change the outcome.

The Board denied the appellant's claims for service connection for cause of death, accrued benefits, and NSC pension benefits due to lack of new and material evidence for the claim of service connection for cause of death.

The Board denied the appellant's request to reopen her claim for VA death benefits, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims of entitlement to service connection for eye disability and ear disability, finding no new and material evidence to reopen these previously denied claims.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence submitted. The appeal is granted.

The veteran's application for educational assistance benefits under Chapters 30, 1606, and 32 of Title 38 and Chapter 1606 of Title 10 was denied due to lack of eligibility based on the criteria set forth in VA regulations.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for dental disability based on VA treatment was denied because the additional disability did not result from carelessness, negligence, or lack of proper skill by VA.

The Board has remanded the case for further development due to concerns about the adequacy of the radiation dose estimate provided by DTRA and the need to consider a revised estimate. The veteran is also advised that he may submit additional evidence or information related to his claim.

The veteran's eye problems are not service-connected due to a known diagnosis. His headaches, weight loss, fatigue, nervousness, sleep difficulties, memory problems, and speech difficulties have been attributed to other conditions unrelated to his military service.

The Board denied the veteran's request to waive overpayment of $2,400 in 1994 due to his failure to report income from a life insurance company. The Board found that he acted in bad faith and did not provide timely notice for the waiver.

The veteran is seeking an earlier effective date for service connection of arthritis secondary to his service-connected Crohn's disease. The Board has remanded the case due to incomplete medical records and the need to review all issues raised by the appellant.

The Board determined that the veteran does not have basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code.