Other conditions decisions — 2003

The Board has determined that new and material evidence has been submitted, allowing the claim for service connection for bilateral Leber's optic atrophy to be reopened.

The Board denied the veteran's claims for increased evaluations of her service-connected uveitis and iritis in the right eye, finding that she is already receiving the maximum possible evaluation under VA regulations.

The veteran's appeal for compensation benefits under 38 U.S.C.A. § 1151 for a left eye disorder has been dismissed due to the death of the appellant prior to final appellate consideration.

The Board has determined that the appellant is entitled to an effective date of February 1, 1983 for dependency and indemnity compensation benefits due to her status as the veteran's surviving spouse.

The Board has denied the veteran's claim for service connection for neck strain, finding no competent evidence to support a link between his post-service neck disability and his period of active service.

The Board denied the veteran's appeal as recoupment of her military severance pay is proper based on the law, and she was awarded compensation for her left leg burns.

The RO denied service connection for muscular dystrophy in December 1996 and again in February 1999, finding no new and material evidence. The veteran's claim of CUE was not successful.

The Board found that the veteran's dysthymia, tiredness, memory loss, and sleep problems were incurred during his active military service. The headaches and joint pains of the elbows and ankles are not considered to be related to service.

The Board has reopened the veteran's claim for service connection of a psychiatric disorder, finding that new and material evidence supports his claim. The Board also determined that the current psychiatric disability is likely to have originated in service.

The appellant is not a veteran of the United States Armed Forces and thus is not entitled to VA non-service connected pension benefits.

The Board of Veterans' Appeals has denied the appellant's claim for basic eligibility to receive VA benefits as her deceased spouse did not have qualifying service as a veteran.

The veteran's non-Hodgkin's lymphoma is not service-connected, as there was no indication of the condition during service and no evidence linking it to Agent Orange exposure. The Board denied the claim for service connection.

The Board found that the veteran's scars from his shrapnel wound to the right leg do not meet the criteria for a compensable evaluation, as they are manifested by symptoms in an unexceptional disability picture and do not more nearly approximate tender or painful scarring.

The Board denied the appellant's claim for recognition as a veteran for VA benefits purposes due to lack of service in the United States Armed Forces, including service with the Philippine Commonwealth Army or recognized guerrillas.

The veteran's death was due to sepsis and peritonitis. The appellant submitted evidence of recurring, predictable, and reasonably estimable medical expenses before the veteran's death, which provided a sufficient evidentiary basis for prospective computation of medical expenses. As such, accrued benefits based on the exclusion of unreimbursed medical expenses from countable income are granted.

The Board denied the veteran's claim for service connection for numbness of the upper and lower extremities, finding no current disability to be linked to his military service.

The Board denied the appellant's claim as the veteran had designated his second spouse, E., as the sole principal beneficiary of his NSLI policy. The appellant could not prove lack of testamentary capacity and there was no evidence of undue influence.

The Board has reopened the veteran's claim and found that new evidence supports a current right inguinal hernia. The Board also determined that the pre-existing condition worsened during service, allowing for service connection based on aggravation.

The VA determined that the veteran's condition was stable enough for transfer to a non-VA facility, and no emergent medical situation existed. The claim is denied as payment cannot be made due to lack of an emergent basis necessitating the lack of transfer to a VA facility.

The Board has determined that the veteran's claim for service connection for a skin disorder cannot be reopened because no new and material evidence has been submitted, despite his assertions of continued symptoms related to service.