Other conditions decisions — 2003

The Board has granted service connection for sinusitis and denied the veteran's claims for a rash of both legs and painful teeth. The veteran was not exposed to Agent Orange or any other known exposure basis.

The Board denied a combined rating in excess of 30 percent for the veteran's service-connected left knee disability, finding that both arthritis and instability were already rated appropriately under existing codes.

The Board denied the veteran's claim for an earlier effective date for pension benefits, finding that no legal basis existed to grant such a request given the finality of the September 1988 decision and the lack of any subsequent claims or evidence submitted by the veteran.

The Board has dismissed the appeal as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran's diverticulitis is not a result of the VA sigmoidoscopy in August 2000, and thus does not warrant compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's eligibility for payment of Chapter 30 educational assistance benefits under 38 U.S.C.A. § 3018C prior to September 25, 2001 due to her failure to make a $2,700 lump-sum payment as an eligibility requirement.

The Board has denied the veteran's claims for increased evaluations for phlebitis of both lower extremities, finding that his current 60% ratings are appropriate.

The veteran's claim for a TDIU rating due to service-connected disabilities is being remanded for further development and examination.

The Board has determined that the veteran did not sustain an injury to his right foot in service and does not have a currently diagnosed condition of the right foot that is related to service. As such, the claim for service connection for residuals of an injury to the right foot was denied.

The Board found that the veteran's death was not caused by VA treatment, and thus denied dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board has determined that it would be equitable to waive one-half of the loan guaranty debt, but not the remainder. The decision was made based on the veteran's fault in creating the debt and his financial hardship.

The Board denied the appellant's application for basic eligibility for VA non-service-connected disability pension benefits due to a lack of recognized military service.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and found her ineligible to receive Dependents' Educational Assistance under Chapter 35. The Board concluded that there was no evidence linking a disability related to active service to the veteran's death.

The Board has ordered further development in the veteran's case due to previous orders and court decisions. The appeal is currently being remanded for additional evidence collection.

The veteran has withdrawn his appeals for both issues currently on appeal before the Board.

The veteran's claim for a waiver of overpayment of improved pension benefits was denied by the Committee on Waivers and Compromises (COWC) due to indications of fraud, misrepresentation, or bad faith in his part.

The Board has determined that the veteran's appeal regarding an increased rating for his lower back injury residuals is denied.

The veteran's service-connected genital herpes does not qualify for a clothing allowance as the medication prescribed causes damage to undergarments, not outer garments.

The VA denied the veteran's claim for an increased disability rating for his service-connected right shoulder disorder, currently evaluated as 10 percent disabling.

The Board found that the veteran's corneal ulcers of the left eye were not incurred in or related to service, specifically due to mustard gas exposure. The evidence did not support a finding of direct service connection.