Other conditions decisions — 2004

The Board found that the veteran's cause of death, severe atherosclerosis involving the aorta and coronary arteries, was not caused by any incident during his active duty service. The evidence showed no cardiovascular disease in service records and all post-service medical evidence related to these conditions is dated decades after service.

The Board denied the veteran's claim for service connection for dental disease and pain resulting from an inservice dental bridge repair, finding that there was no evidence of in-service trauma or other basis to establish service connection.

The appellant is not entitled to accrued benefits as she does not meet the statutory requirements and there were no unpaid benefits owed to the veteran's widow at the time of her death.

The Board has remanded the case due to insufficient medical evidence to determine the diagnosis and etiology of the veteran's respiratory disability. The case must be returned for a VA examination under the provisions of 38 C.F.R. § 5103A(d).

The Board has decided to remand the case for compliance with VCAA requirements and further development.

The veteran is entitled to convert his VA educational benefits from Chapter 32 Post-Vietnam Era Educational Assistance Program (VEAP) to Chapter 30 Montgomery G.I. Bill (MGIB) educational assistance.

The veteran's service-connected herpes simplex is currently manifested by recurrent lesions on the penis, left buttock, and right deltoid. The total surface body area affected is less than 10 percent.

The Board has determined that the veteran's appeal to the September 2002 rating decision was not timely filed, and thus remands the case for further action.

The veteran's application for VA medical care was denied as he did not meet the criteria to be placed in priority groups 1 through 7 under the provisions of 38 C.F.R. § 17.36.

The Board found that the overpayment of VA compensation benefits was properly created due to the veteran's sons cashing their first Chapter 35 benefits checks in July 1999. The veteran is at fault for this, and the Board granted a waiver of the overpayment.

The VA denied service connection for a respiratory disorder, periodontal disease, and malocclusion of the teeth. The granulomata of the right lung was not found to be incurred in or aggravated by service. Periodontal disease and malocclusion were not shown to have been caused by service.

The Board denied the veteran's claims for service connection for chronic pain of the feet and hips, finding no evidence linking these conditions to his military service or undiagnosed illness.

The Board denied the motion for an earlier effective date for compensation benefits for diplopia, left lateral gaze, based on service connection under 38 U.S.C.A. § 1151 (West 1991). The decision found that there was no CUE in the original denial.

The Board found no evidence to support the veteran's claim that he incurred a hernia due to an air contrast X-ray examination performed at a VA medical facility, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied a higher disability rating for bursitis of the left hip, finding that it did not meet the criteria for an evaluation in excess of 10 percent.

The veteran's claims for service connection for a skin disability and respiratory disorder, both claimed as due to exposure to herbicides during service, are denied. The issue of whether new and material evidence has been submitted to reopen claims for an acquired psychiatric disorder and PTSD is being remanded.

The Board has granted service connection for the veteran's back injury and assigned a rating of 40% for his phthisis, left eye with no light perception.

The Board finds that the appellant's duodenal ulcer disability is currently manifested by complaints of gastrointestinal discomfort, bloating and gassiness. The medical evidence does not show severe symptoms such as recurrent hematemesis or melena, nor does it indicate weight loss or incapacitating episodes averaging at least 10 days per month for four or more months. Therefore, the claim for a rating in excess of 20 percent is denied.

The veteran's claim of service connection for PTSD was dismissed because she failed to report for a scheduled VA examination and did not provide good cause for her absence.

The Board has determined that the appellant is not legally eligible for VA benefits due to a lack of recognized active military service with U.S. Armed Forces.