Other conditions decisions — 2003

The Board has determined that the earliest date for which the veteran is entitled to nonservice-connected pension is August 17, 1999.

The Board has determined that the veteran's cerebrovascular accident is related to service, specifically to vaccinations administered during his period of inactive duty training in the Army National Guard.

The Board has reopened the veteran's claim for service connection for residuals of a right eye injury due to new and material evidence submitted since the April 1954 decision.

The Board denied service connection for prostatitis and a positive ANA test, finding no current disability associated with these conditions.

The Board has determined that the veteran's service-connected small, sliding hiatal hernia does not warrant a compensable rating as it only manifests with regurgitation since his retirement from service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a skull fracture, which was previously denied in February 1993.

The veteran's claim for compensation under 38 U.S.C.A. 1151 for pharmaceutically-induced psychosis due to VA treatment was denied as there is no evidence of additional disability resulting from the treatment.

The Board has determined that the veteran's current back problems are as least as likely as not caused by his participation in VA vocational rehabilitation training, and thus grants compensation under 38 U.S.C.A. § 1151 for the residuals of a back injury incurred during such training.

The Board found that the veteran's episode of Bell's palsy during active duty was incurred in service and granted service connection for residuals of Bell's palsy.

The veteran was hospitalized for alcohol abuse, gastrointestinal bleeding, malnutrition, and anemia. While in the hospital, he fell out of bed and fractured his right femur neck. The Board found that this injury was due to VA's error in judgment or similar instance of fault, resulting in compensation under 38 U.S.C.A. § 1151.

The Board has determined that the pension overpayment of $679 was properly created and calculated based on the appellant's receipt of a one-time bonus in 1999, which was correctly counted as income for pension purposes.

The Board found that the appellant cannot be recognized as the surviving spouse of the veteran for VA purposes due to a lack of valid marriage and other criteria not met.

The Board found that the appellant's discharge was due to willful and persistent misconduct, constituting dishonorable conditions. Therefore, his discharge is a bar to VA benefits.

The appellant has no valid documentation verifying his military service, and therefore does not meet the basic eligibility requirements for VA disability benefits.

The veteran is entitled to special monthly compensation based on loss of use of a creative organ due to service-connected back disability, despite having had a vasectomy.

The Board has determined that the appellant's claim was not properly notified of her rights and obligations under the VCAA, and thus the case is being remanded for further action.

The Board found that the veteran's alleged error was not CUE on its face and did not provide specific reasons as to why a different result would have been reached. The claim of CUE in the June 1957 rating decision is denied.

The Board denied the veteran's claims for service connection for a respiratory disorder, skin disorder, and cardiovascular disorder due to herbicide exposure. The evidence did not support these claims.

The Board denied the claim for service connection for prostate disability, including benign prostatic hypertrophy and adenocarcinoma of the prostate, concluding that there was no relationship between any current prostate condition and an enlarged prostate noted during military service.

The Board found that the appellant had no recognized active service and therefore is not a veteran for purposes of VA benefits.