Other conditions decisions — 2003

The Board denied the appellant's claim for eligibility to receive VA death pension benefits as the surviving spouse of her deceased husband, finding that she did not meet the legal requirements due to their marriage being too close in time to his death.

The Board found that the veteran's claim for an earlier effective date for a compensable evaluation of his service-connected varicose veins, left leg, was denied. The evidence did not show that it was factually ascertainable that the condition warranted a compensable rating prior to February 3, 1999.

The Board has determined that the veteran's symptoms of psychosis in service were the first symptoms of his current schizoaffective disorder, and thus grants service connection for this condition.

The Board has determined that the veteran's dental trauma, resulting from a gunshot wound to his mouth during service, is attributable to bone loss and warrants a compensable disability evaluation of 40 percent.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a subtotal gastrectomy secondary to duodenal ulcer disease, as the evidence received since the March 1953 RO decision is cumulative or redundant.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for the period from August 25, 1999, through December 15, 1999, is denied as the award of Chapter 30 benefits based on her Enrollment Certification received in July 2001 is only available up to 12 months prior.

The Board has granted a 20 percent rating for the veteran's service-connected neurogenic bladder, effective from October 26, 2002.

The Board denied the appellant's claim for nonservice-connected VA pension benefits due to a lack of qualifying military service.

The Board found that the veteran's dementia did not begin during service and was not caused by any incident of service.

The Board has waived recovery of $3998 from the calculated overpayment of pension benefits, finding that undue financial hardship would result if repayment were required.

The veteran's temporary total hospitalization and convalescence ratings based on treatment at a VA medical facility for service-connected conditions have been denied.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a muscle biopsy performed in October 1989 at a private hospital, finding that no VA authorization was provided and concluding that benefits pursuant to 38 U.S.C.A. § 1151 are not warranted.

The Board found that the cause of the veteran's death was oropharyngeal carcinoma, which is not service-connected. The appeal for dependents' educational assistance benefits and dependency and indemnity compensation under 38 U.S.C.A. § 1318 were also denied.

The VA determined that the veteran's lung disability and cardiovascular disability were not incurred or aggravated in service, may not be presumed to have been incurred therein, and did not arise subsequent to service as a proximate result of a disease process that was incurred in service.,The VA also found that the veteran's cardiovascular disability and lung disability were not caused by tobacco use during service.

The veteran does not have pancreatitis and is therefore not entitled to service connection for this condition.

The Board denied the veteran's claim to reopen his skin disability of the feet, finding no new and material evidence. The issue remains closed.

The Board found that the appellant's dishonorable discharge was due to an assault with a dangerous weapon, and as he did not prove insanity at the time of the offense, his character of discharge is considered a bar to VA benefits.

The Board denied service connection for the cause of death due to exposure to jet fuel in service, finding that the veteran's acute myelogenous leukemia was not caused by or aggravated by such exposure and that no other service-connected disability contributed substantially or materially to his death.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claim of service connection for an ingrown toenail of the left great toe, as the April 1982 RO decision is final.

The Board has reopened the veteran's claim of service connection for residuals of a right hand injury due to new and material evidence, but is not considering the merits of the claims for higher ratings for degenerative disc disease of the cervical spine and a laceration scar of the right wrist at this time.