Other conditions decisions — 2004

The Board denied the veteran's claim for educational assistance benefits under Chapter 1606, stating that he was not entitled to such benefits for enrollment periods prior to May 4, 2000.

The Board denied the veteran's claim for an increased rating for service-connected residuals of rheumatic fever, finding that there were no current symptomatic residuals and that his heart problems are associated with non-service-connected arteriosclerotic heart disease.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for loss of vision based on VA medical treatment in 1993 was denied by the Board and remanded to the RO for further action.

The Board has determined that the veteran was legally entitled to receive pension benefits for his spouse as a dependent during the period from January 1, 1980 to December 31, 1987. Therefore, there was no overpayment of pension benefits and the appeal is granted.

The veteran's service-connected status post submucosal resection due to a deviated nasal septum is rated at 10 percent, and the claim for an increased rating is denied.

The Board found that the veteran does not have a current diagnosis of right foot drop and therefore denied his claim for service connection.

The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for left sacroiliac joint disease secondary to septic arthritis, as there was no evidence showing muscle spasm on extreme forward bending, loss of lateral spine motion, or marked limitation of forward bending in a standing position.

The veteran's dysthymic disorder resulted in no greater than definite social or industrial impairment from March 8, 1995 to January 13, 2003. From January 14, 2003, the disorder caused occupational and social impairment with reduced reliability and productivity.

The Board denied the veteran's claim for service connection for a chronic lung disorder, finding that there was no evidence of a current disability related to service. The Board also found that the separation examination did not show any lung disorder and that medical records only indicated treatment decades after service.

The Board denied the veteran's claims of service connection for residuals of a head injury and right eye disability, finding that no new and material evidence had been submitted to reopen the latter claim.

The Board denied service connection for a psychotic disorder, finding that the evidence did not establish current disability due to drug and alcohol use.

The VA determined that the veteran's high cholesterol/hypercholesterolemia is not attributable to a disease or injury in service and therefore denied his claim for service connection.

The veteran's left-sided hearing impairment does not meet VA's criteria for service connection as a disability.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for residuals of an injury of the right foot, including a chip fracture of the first metatarsal. The veteran's request is being remanded for further action.

The VA denied service connection for post-traumatic stress disorder in September 2000, concluding that the veteran had not submitted new and material evidence to reopen his claim.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability of the right lower extremity as a result of surgical treatment by VA in 1998. The case has been remanded to obtain medical records from the VA Medical Center in New York, New York.

The Board denied service connection for chronic left hip and hand disorders due to a lack of evidence showing the presence of such conditions in service or at any time thereafter.

The veteran's appeal is remanded due to incomplete records and need for further examinations. The RO will obtain all current treatment records, schedule a VA examination of the left lower leg muscles, a scars examination, and readjudicate his claim.

The Board denied the veteran's request to reopen his claim for compensation under 38 U.S.C.A. § 1151 due to lack of new and material evidence, despite acknowledging that he sustained an injury during vocational rehabilitation training.

The Board has found that the appellant could no longer be recognized as the veteran's unremarried widow due to her cohabitation with another man in a marital-style relationship following the veteran's death.