Other conditions decisions — 2003

The Board denied the appellant's claim for reinstatement of VA recognition as her deceased husband's surviving spouse, effective November 23, 1994, due to her remarriage in November 1994 and subsequent divorce from her second husband which became final on September 8, 2000. The legal proceedings for the appellant's divorce did not commence before November 1, 1990.

The veteran is seeking an earlier effective date for service connection of schizoaffective disorder, which was previously denied in a June 1985 rating decision. The case has been remanded to the RO so that he can appear before a Travel Board hearing.

The Board found that the appellant's bad conduct discharge from military service constituted a complete bar to receiving VA benefits.

The Board found no evidence of a bilateral leg disability (other than a right ankle sprain) incurred or aggravated by service, and denied the veteran's claim.

The Board found that the veteran's cause of death, acute leukemia, was not caused or contributed to by exposure to ionizing radiation during his military service. The evidence did not establish a connection between the veteran's leukemia and his period of service.

The Board has remanded the case for a Travel Board hearing, and then to be returned to the Board for further action.

The Board has determined that the veteran's residuals of a fracture of the left hand were incurred in service and granted service connection for this condition.

The veteran's claim for monetary benefits for a child suffering from spina bifida is denied as the veteran does not qualify as a Vietnam veteran and therefore, cannot be considered under the provisions of 38 U.S.C.A. § 1805.

The veteran's service-connected left leg compartment syndrome and sickle cell anemia are currently rated at 30% each, but the Board finds that neither condition warrants a higher rating based on current evidence. The veteran's TDIU claim is also denied.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his fatal cancer to any incident in service or to exposure to ionizing radiation.

The Board denied the veteran's claim for an extra-schedular evaluation for his service-connected residuals of a fracture of the coccyx, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization.

The Board has granted part of the veteran's request for waiver of recovery of an overpayment of nonservice-connected disability pension benefits, but denied the remaining portion due to financial hardship. The veteran was found solely at fault in creating the overpayment by failing to report his income from Social Security Administration.

The Board has granted service connection for post traumatic stress disorder and bilateral foot calluses, finding that the veteran's current conditions are related to his military service.

The Board denied the veteran's claims for an earlier effective date for service connection of enlarged prostate and a combined evaluation greater than 40 percent. The veteran was granted service connection for enlarged prostate with a 10% rating, but his combined evaluation remained at 40%.

The Board denied an earlier effective date for the grant of service connection and a disability rating for abdominal and pelvic adhesions, finding that the earliest claim was filed on September 20, 1999.

The Board found no evidence of current malaria or its residuals, and there was insufficient medical nexus to link any past malaria to service. The veteran's claim for service connection for malaria is denied.

The Board determined that the appellant did not have recognized active service with the United States Armed Forces and therefore is not a veteran for purposes of receiving VA benefits.

The veteran's appeal is about getting a higher disability evaluation for urinary incontinence, which is related to prostatectomy. The RO needs to clarify if the issue was reviewed by a Decision Review Officer and then reassess the case.

The Board denied the appellant's claim for additional allowance for special monthly death pension benefits based on the need for regular aid and attendance, finding that she does not meet the criteria established by VA regulations.

The Board denied the veteran's claim for service connection for residuals of a shrapnel wound to the left leg, finding that there was no evidence of such an injury during his recognized active service and that any current disability is not related to his military service.