Other conditions decisions — 2004

The Board denied the appellant's claim for basic eligibility to receive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he had already reached his 26th birthday prior to the veteran's death.

The Board has remanded the case due to outstanding requests for hearings and will handle it expeditiously.

The veteran's appeal is being remanded for further development, including a comprehensive VA examination to assess the current severity of his service-connected Hodgkin's disease and endarterectomy, right carotid artery.

The veteran's service-connected cold injury residuals do not render him unable to secure or follow a substantially gainful occupation.

The veteran is not competent for VA purposes and the claims for earlier effective date and increased rating for residuals of bronchial carcinoid and left lower lobectomy are denied.

The Board denied the appellant's claim as she was not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran in December 1986 and lack of evidence showing remarriage or cohabitation with the veteran after the divorce.

The Board has granted the veteran's claim for service connection of residuals of a right thoracotomy, decortication and pneumonia as secondary to his service-connected right knee disability. The appeal regarding compensation under 38 U.S.C.A. § 1151 is dismissed.

The Board dismissed the appellant's appeal because she did not file a timely substantive appeal within 60 days of receiving the Statement of the Case (SOC).

The Board denied the veteran's claim for an increased rating for non-psychotic organic brain syndrome due to trauma, finding that his symptoms did not meet criteria for a higher rating.

The Board denied the veteran's claim for basic eligibility to receive educational assistance benefits under Chapter 34 or Chapter 30, Title 38, United States Code due to the expiration of the Chapter 34 program and his commission as an officer in the ROTC program prior to October 1, 1996.

The veteran died of a malignant brain tumor in August 2000. His claim for service connection was denied because there was no evidence of the tumor in service or within one year of his discharge, and no nexus between the tumor and his active service.

The Board found no evidence linking the veteran's death to his service, and denied the claim for service connection for the cause of his death.

The Board dismissed the claims for service connection of scoliosis and right atrial enlargement/cardiomegaly as the appellant did not timely disagree with the ratings assigned to her service-connected disabilities.

The Board has remanded the case due to insufficient notification and consideration of evidence, and a new examination is required for service connection claims.

The Board has denied the veteran's claims for initial compensable evaluations for residuals of shell fragment wounds to his right and left knees, finding no current functional impairment or symptomatology attributable to these scars.

The Board has granted the veteran's request for a waiver of recovery of an overpayment of improved pension benefits in the amount of $5,253.00.

The Board denied service connection for residuals of a nose injury and disability manifested by tearing of the left eye, finding no evidence in the record to support these claims.

The veteran seeks an increased evaluation for his service-connected residuals of circumcision. The case is remanded to the RO for additional development, including obtaining medical records and considering entitlement to special monthly compensation (SMC) based on loss or use of a creative organ.

The Board has determined that the veteran's service-connected disabilities did not cause or contribute substantially to his death from acute myocardial infarction.

The Board found that a positive tine test is not itself a disability and thus cannot be service-connected. The veteran's claim for tuberculosis exposure was denied.