Other conditions decisions — 2003

The Board denied an increased disability rating for duodenal ulcer, finding that the veteran's symptoms did not meet the criteria for a higher rating due to lack of weight loss or anemia.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in service, and denied both claims for service connection and dependents' educational assistance.

The Board denied the appellant's claims for an increased rating for his duodenal ulcer disability and service connection for a dental condition and arthritis of the back, shoulders, and neck secondary to his service-connected disabilities. The evidence did not support the appellant's assertions that these conditions were related to his service-connected duodenal ulcer.

The Board determined that the appellant's improved death pension benefits were properly terminated because her annual income exceeded the limit for such benefits, and there was no evidence presented to warrant resumption of the benefits.

The Board has determined that the veteran's current diagnosis of prostatitis, which began in service and is related to a disease or injury during active military duty, qualifies for service connection.

The Board denied the veteran's claim for an earlier effective date for compensation under 38 U.S.C.A. § 1151 for pulmonary fibrosis secondary to Amiodarone, finding that no effective date earlier than June 12, 2000 is warranted.

The Board has dismissed the appeal as the veteran requested withdrawal of his appeal prior to a decision being made.

The Board has determined that the veteran's cause of death, respiratory failure and cerebrovascular accident/hemorrhage, was not caused or contributed to by his service-connected disabilities.

The Board of Veterans' Appeals (BVA) has denied the appellant's claim for basic eligibility for VA benefits based on her deceased husband's service, as determined by the National Personnel Records Center (NPRC), which found no qualifying service in the United States Armed Forces. The BVA concluded that the appellant does not meet the requirements of 38 U.S.C.A. § 107 and 38 C.F.R. § 3.40 for VA benefits.

The veteran's appeal was dismissed due to his death during the pendency of the appeal. As a result, the Board has no jurisdiction to adjudicate the merits of this claim.

The Board is considering whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for bilateral leg and right hip disorders. The veteran contends that he should be granted service connection based on newly submitted medical records.

The Board has denied the veteran's claim for service connection for a gastrointestinal disorder, claimed as a stomach disorder, secondary to medications taken for his service-connected lumbosacral strain. The denial is based on the lack of evidence of a current stomach disorder or a nexus to service or a service-connected disability.

The veteran's claims for service connection for residuals of a back injury, right hand arthritis, and left foot disorder were denied. The Board found that the evidence did not support these claims.

The Board denied an increased evaluation for the veteran's service-connected gunshot wound to the left abdomen, finding that his disability did not warrant a higher rating.

The Board found no evidence to support a service connection for choroidoretinitis of the right eye, as there were no complaints or treatment records in service and current medical evidence does not establish a link between the veteran's current condition and his military service.

The veteran's death was caused by a presumptively service-connected respiratory cancer due to exposure to Agent Orange in Vietnam.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for right foot drop secondary to VA surgery, finding that there was no evidence of fault on VA's part and that right foot drop is a known complication of hip replacement.

The VA denied an increased disability rating for the veteran's service-connected postgastrectomy syndrome, currently rated at 20 percent.

The Board found that a partial waiver of recovery of an overpayment of compensation benefits on behalf of a dependent spouse in the amount of $738 was warranted due to the veteran's failure to notify VA of his remarriage, which resulted in the creation of the overpayment. The decision also noted that collection would not deprive the veteran or his family of basic necessities and would not defeat the purpose for which the benefits were intended.

The Board denied the veteran's claim of entitlement to service connection for strabismus, finding that new and material evidence had not been submitted since the previous denial in June 1971. The Board concluded that there was no evidence showing that the pre-service strabismus was aggravated by military service.