Other conditions decisions — 2003

The Board has granted a 30 percent evaluation for the veteran's service-connected residuals of a shell fragment wound to the left foot, effective September 28, 1995. The rating for low back strain remains at noncompensable.

The Board found that the veteran did not submit new and material evidence to reopen his forfeiture claim, thus denying it.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the veteran's death, but has denied the claim on the merits.

The veteran's appeal for a dependency allowance for his current spouse prior to March 1, 2002 is denied as he did not submit the claim within one year of his remarriage.

The veteran's appeal is being remanded for additional development due to the need to comply with provisions of the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied the appellant's claim for basic eligibility for VA death benefits because her late husband had no qualifying service in the United States Armed Forces, and thus was not eligible for these benefits.

The Board denied the appellant's request to reopen her claim for death benefits, finding that no new and material evidence had been submitted.

The Board has determined that the delimiting date for the veteran's Chapter 30 educational assistance benefits is October 19, 2001 and denied his request to extend this period.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits due to her marriage being less than one year prior to his death and lack of other qualifying conditions.

The veteran's service-connected residuals of poliomyelitis substantially contributed to his death, which is ruled as the cause of death. The Board has granted the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's left arm and hand weakness is not proximately due to, or the result of, her service-connected left wrist disability. Therefore, she was denied service connection for these conditions.

The Board denied the veteran's claim for a higher evaluation for his service-connected non-Hodgkin's lymphoma.

The Board found that the veteran's jaw disability with related damage to the teeth, face, throat, and lungs was not caused by VA carelessness, negligence, or similar fault. The event was not reasonably foreseeable.

The Board has remanded the case for compliance with the VCAA and to obtain additional medical records. The veteran's DIC claim is being considered under a direct service connection theory.

The Board has remanded the case due to procedural defects in notification and development, including a failure to provide adequate notice of information and evidence necessary to substantiate the claim under the Veterans Claims Assistance Act of 2000.

The veteran's request for waiver of recovery of the $4312.00 overpayment was denied as it was not made within the required time frame.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, as his enrollment certification was received too late to qualify for retroactive payment.

The Board finds that the veteran did not sustain a deviated septum in service and there is no evidence of any current disability related to his claimed injury. The claim for service connection for a deviated septum is therefore denied.

The Board has remanded the case for further development, including obtaining medical records and providing the veteran with proper notice under the VCAA.

The Board has dismissed the appeal as the veteran's representative withdrew his appeal on December 10, 2003.