Other conditions decisions — 2003

The Board granted service connection for schizoaffective disorder effective from April 7, 1995, the date of receipt of the veteran's application to reopen his claim.

The Board has determined that the appellant's income exceeds the maximum annual income for improved death pension benefits for a surviving spouse with one child, and thus denied her claim.

The Board denied the veteran's claims for an effective date prior to June 25, 2001, for the grant of service connection and special monthly compensation based on the need for regular aid and attendance of another person. The earliest documentation of intent to claim these benefits was a VA Form 21-4138 submitted by the veteran on June 25, 2001.

The Board found that the veteran's service-connected scar as a residual of a pilonidal cystectomy does not meet the criteria for a disability evaluation in excess of 10 percent under the former provisions of Diagnostic Code 7803 or 7804, and thus denied his claim.

The VA denied an increased rating for the veteran's gunshot wound to the right thigh, currently rated at 10 percent.

The Board has determined that the veteran's preexisting duodenal ulcer disease increased in severity during service, warranting service connection.

The Board denied the appellant's request for an apportionment of the veteran's disability compensation benefits, finding that she is not entitled to such benefits as her marriage to the veteran did not meet legal requirements.

The Board has determined that the veteran's hiatal hernia with reflux, duodenitis, and gastritis warrants a 30 percent evaluation since September 1, 1995.

The Board found no evidence of HIV-related illness during the veteran's active service and concluded that it was not incurred or aggravated by service. The claim for service connection is denied.

The Board has determined that the veteran's transitional cell carcinoma of the bladder is not related to service, including exposure to herbicides like Agent Orange. The claim for service connection is denied.

The Board has reopened the appellant's claim of service connection for Crohn's disease due to new and material evidence submitted since the last denial.

The Board finds that the veteran's hiatal hernia had its onset in service and grants service connection for this condition.

The VA has determined that the veteran's service-connected quadrigea effect of the right hand, postoperative impairment of the right (major) middle and ring fingers, is currently evaluated at the maximum schedular rating available under the appropriate diagnostic code.

The veteran's separation from active duty was for the convenience of the government, and she did not meet the eligibility criteria for basic educational assistance benefits under Chapter 30 of the U.S. Code.

The Board determined that the recoupment of the veteran's separation pay by withholding VA disability compensation benefits in the amount of $38,721.24 is proper and denied the appeal.

The Board denied the appellant's claim for an earlier effective date for apportionment of the veteran's non-service-connected pension benefit, finding that the effective date should be set at November 1, 1995.

The Board dismissed the appeal as there was no allegation of error in the decision granting payment for unauthorized medical expenses.

The veteran's service-connected conditions do not meet the criteria for special monthly compensation based on aid and attendance or housebound status.

The veteran's PTSD results in total occupational impairment and the Board has granted a 100 percent rating. The effective date for service connection of PTSD is set at May 14, 2000. Because a 100 percent rating is warranted under schedular criteria, a claim of TDIU may not be considered.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that there was no evidence linking the veteran's accidental fall in his residence to any service-related injury or incident. The appellant argued that the veteran's metastatic penile cancer could be presumed due to exposure to herbicides used in Vietnam, but the Board found that this condition is not a presumptive disorder for which such presumption applies.