Other conditions Board decisions

The Board denied the appellant's claim for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he had already exceeded his 31st birthday when he applied.

The VA Medical Center denied the veteran's claim for reimbursement or payment by VA for unauthorized medical treatment provided on October 8, 2002.

The appeal is being remanded for further development at the RO level.

The veteran's failure to report his spouse's Social Security and earned income resulted in an overpayment of improved disability pension benefits. The Board found bad faith on the part of the veteran, thus denying waiver of recovery.

The Board has remanded the case for further development due to a lack of an opinion regarding whether the veteran's sleep disorder is service onset and the significance of certain examination notations.

The Board denied the veteran's claim for service connection for a benign chromophobe adenoma of the pituitary gland, as it was determined that there was no evidence linking this condition to his military service or ionizing radiation exposure.

The VA denied the veteran's claim for an increased rating for his service-connected hiatal hernia and peptic ulcer disease, currently evaluated as 10 percent disabling.

The veteran died from esophageal cancer, and the evidence does not support a connection between this condition and any incident of service. As such, the claim for eligibility for a VA guaranteed home loan based on the cause of death is denied.

The Board denied the veteran's request for an effective date prior to January 31, 2000 for his service-connected left foot disability.

The Board determined that the cause of death was pneumonia, but it did not result from service-connected disability. The appellant's spouse had qualifying military service but is not eligible for VA pension benefits due to a lack of recognized service. The claim for accrued benefits was filed outside the one-year deadline.

The veteran's claims for service connection for congestive heart failure and osteoporosis secondary to his service-connected emphysema disability were denied as a matter of law due to the prohibition on secondary service connection for disabilities proximately due to disease previously service-connected on the basis of tobacco use in service.

The Board denied the veteran's claim for an earlier effective date for a 20% rating for defective hearing, finding that no increase in disability occurred within one year prior to his April 11, 2001 claim.

The Board has determined that the veteran's fractures of the proximal neck of the left fibula and distal tibia are caused by his service-connected gunshot wound to the left leg with partial paralysis of the peroneal nerve, which aggravated his pre-existing condition.

The Board denied service connection for residuals of a head injury, defective vision, and defective hearing as the evidence did not support these claims.

The Board has restored the appellant's compensation benefits for his service-connected disabilities, effective February 8, 1999. The combined disability rating of 20% was reinstated due to the appellant being released from incarceration.

The Board has determined that new and material evidence has been presented to reopen the veteran's claims of service connection for an ulcer condition and a lung disorder. The claims are now pending for further evaluation.

The Board denied the veteran's claims for service connection for a cardiac disability and hypercholesterolemia.

The veteran's cold injury residuals of the feet are rated at 50 percent prior to January 12, 1998.

The VA denied the veteran's claim for service connection for a lung disorder due to mustard gas exposure, finding no evidence linking his current condition to his military service.

The Board has determined that the veteran's diagnosed condition, astrocytoma glioma, is not related to service or any incident of service origin. The weight of medical evidence does not support a finding that the veteran's brain tumor is due to Agent Orange exposure.