Other conditions decisions — 2007

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for muscular dystrophy and scoliosis. The case is now remanded for further development.

The veteran is seeking service connection for squamous cell carcinoma and Hodgkin's disease as secondary to herbicide exposure. The case has been remanded due to the need for additional development, including obtaining medical records and providing a supplemental statement of the case.

The appellant's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code was denied as he had already turned twenty-six years old at the time of his application and the veteran's permanent and total disability effective date.

The veteran's claim for educational assistance benefits under the Montgomery GI Bill for correspondence courses was granted as he signed and affirmed his enrollment agreement in a timely manner.

The veteran's application for enrollment in the VA health care system was denied because it was received after January 17, 2003, and he is a nonservice-connected veteran.

The Board finds that the veteran's failure to report her income accurately caused an overpayment of pension benefits. The Board grants a waiver of recovery due to the veteran's fault in creating the debt and considers it against equity and good conscience.

The veteran's death was caused by a cerebrovascular accident, which is not service-connected. The Board found no evidence of any cardiovascular disease or other condition related to the veteran's military service that contributed to his death.

The appellant was not recognized as the surviving spouse for purposes of VA death benefits due to her lack of a valid common law marriage with the veteran prior to October 1991, and because she did not live continuously with him until his death.

The appellant's claim for accrued benefits was not filed within one year of the veteran's surviving spouse's death, and therefore is denied.

The veteran's eligibility for educational assistance benefits under Chapter 34 or Chapter 30, Title 38, United States Code has been denied due to the expiration of his entitlement and the specific bar in the law.

The Board has determined that the veteran's current back disability is not related to his in-service injury, and thus service connection for the residuals of a back injury is denied.

The Board has determined that the veteran does not have a current disorder manifested by iron deficiency anemia and there is no evidence of such a condition during service or within one year of discharge. The claim for service connection is denied.

The Board found that the veteran's transverse myelitis, C1-C5, centering in C3, was not incurred during service and denied his claim for service connection.

The Board has determined that the veteran does not have current bilateral otitis media related to his service, and thus denied his claim for service connection.

The Board denied the veteran's claim for an increased rating to 70 percent or higher for his back disability, finding that the evidence did not support a higher evaluation based on the severity of his symptoms and functional impairment.

The Board found no evidence to support the veteran's claim of service connection for a respiratory disorder, including pulmonary fibrosis as a residual of tuberculosis. The negative chest x-rays in service and the lack of documented hospitalization or complaints related to tuberculosis make it unlikely that the current condition is linked to service.

The Board found no evidence of hallux valgus or bunions with degenerative joint disease during the veteran's honorable service period. The current condition is not shown to be related to his military service.

The veteran's death certificate indicates he died in March 1987. The appellant submitted a VA Form 21-534 for accrued benefits in November 1997, more than one year after the veteran's death. Therefore, the claim is denied as there was no legal entitlement to accrued benefits.

The Board denied the veteran's claims for service connection for loss of sense of smell, joint and bone pain, and gastritis as due to an undiagnosed illness. The RO also deferred a decision on the issue of bilateral lumbosacral radiculopathy as secondary to LPM.

The veteran's impairment of sphincter control with fecal incontinence warrants a 30 percent disability rating, and his gastric distress warrants a 20 percent disability rating.