Other conditions Board decisions

The Board denied the appellant's claim for in excess of 45 months of Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to exhaustion of entitlement and lack of mitigating circumstances.

The Board denied the appellant's claim for recognition as a surviving spouse of her deceased husband, but found that new and material evidence had been submitted. The decision is mixed, with some issues in favor of reopening the claim and others not.

The veteran's claim for increased ratings for his service-connected cervical and mid-spine disability was denied. The current rating of 20 percent is maintained.

The Board has granted the veteran's claim for service connection for chronic obstructive lung disease with hypoxemia, finding that this condition is due to nicotine dependence acquired in service.

The Board denied the appellant's claim for accrued improved pension benefits based on nonrecurring unreimbursed medical expenses, finding that these expenses were not regular or predictable and thus precluded by law.

The Board found that the veteran does not have nicotine dependence and his chronic respiratory disability is not related to service. Therefore, both claims for service connection were denied.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,186 because his request was not received within the required 180-day period following notification of indebtedness.

The VA determined that the appellant forfeited all rights, claims and benefits under the law administered by VA due to his involvement with the Japanese-sponsored Bureau of Constabulary during World War II.

The Board denied the appellant's claim for reinstatement of VA nonservice-connected death pension benefits as her unmarried widow, citing a statutory bar due to her remarriage after November 1, 1990.

The Board found that the appellant did not have a chronic skin disorder incurred during service, and thus denied his claim for service connection.

The Board denied the veteran's petition to reopen his claim for service connection for psychiatric disability other than PTSD, finding that no new and material evidence had been received. The RO previously denied the claim in June 1980.

The Board has granted a 30 percent disability rating for the veteran's chronic left hip pain/myositis, effective from March 24, 2003.

The Board has reopened the claim for service connection for residuals of a back injury due to new and material evidence. However, further development is needed before deciding on the merits of the claim.

The Board denied the veteran's waiver of recovery of an overpayment of improved disability pension benefits, finding that his failure to report Social Security income was due to bad faith and not due to a lack of knowledge or intent.

The veteran's active service was less than 90 days, and he is not eligible for non-service-connected pension benefits.

The Board found that the March 1970 rating decision denying service connection for a left hip disorder did not contain clear and unmistakable error. The veteran's right hip disorder was not incurred in or aggravated by active service, may not be presumed to have been incurred during such service, and was not proximately due to, the result of or aggravated by another service-connected disability.

The Board has granted an increased rating of 20 percent for the veteran's left knee disability, effective July 9, 1980. The decision also addressed a separate issue regarding limitation of flexion due to arthritis.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for back pain allegedly caused by an influenza vaccination. The Board has determined that further development is needed, including a VA examination and review of the claims file.

The Board of Veterans' Appeals has determined that the veteran does not have a dental disorder for compensation and treatment purposes, as there was no documented dental trauma in service. Therefore, service connection is denied.

The veteran's claim to reopen his service connection for a left indirect inguinal hernia is being considered. The RO has requested the veteran's entrance physical examination and will review whether new and material evidence has been submitted.