Other conditions decisions — 2002

The Board denied service connection for tendonitis and arthritis of the shoulders, finding no current disability as a result of in-service injuries.

The VA denied a compensable disability rating for the veteran's service-connected left humerus fracture.

The Board denied service connection for the cause of death and eligibility for Survivors' and Dependents' Educational Assistance (DEA) benefits due to lack of evidence linking mesothelioma with the veteran's service-connected conditions.

The Board has determined that the veteran's service-connected right biceps rupture warrants a 20 percent evaluation, which is the maximum rating available under VA regulations.

The Board found that the appellant knowingly made false representations concerning her claim for VA benefits and declared a forfeiture of all rights, claims, and benefits under all laws administered by VA. The appeal is denied.

The Board has determined that the veteran's residuals of shell fragment wounds of the right shoulder and arm do not warrant a rating in excess of the current 30 percent evaluation.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code is being remanded due to the need to consider alternative eligibility criteria and obtain additional service personnel records.

The VA denied the appellant's claim for basic eligibility for Department of Veterans Affairs (VA) benefits due to a lack of valid military service.

The Board denied service connection for skin rash of the buttocks and right leg, fatigue, sleep disorder, and aching muscles. The conditions were not found to be related to active duty.

The Board has granted a combined 40 percent evaluation for the service-connected degenerative joint disease with instability of both knees, effective from the date of this decision.

The Board denied the appellant's request for a waiver of recovery of an overpayment in her VA improved death pension benefits, finding that she was not at fault in creating the debt and that requiring repayment would result in undue financial hardship.

The Board denied the appellant's claim to reopen his eligibility for VA benefits due to a final determination by the U.S. Army that he had no recognized military service, and thus did not meet the basic eligibility requirements.

The Board has determined that the veteran's requests for waiver of recovery of overpayments were timely filed, and therefore grants the appeal.

The veteran's claim for non-service connected pension benefits prior to September 17, 2001 was denied due to his failure to report for a VA examination. After September 17, 2001, the law changed and granted the veteran permanent and total disability based on Social Security Administration (SSA) disability determination.

The veteran's death was caused by a service-connected brain tumor, and the appellant is granted eligibility for dependents' educational assistance.