Other conditions decisions — 2002

The appellant does not have recognized service that meets the requirements for basic eligibility for VA benefits, and therefore is denied legal entitlement to U.S. Department of Veterans Affairs (VA) benefits.

The Board denied the veteran's claim of service connection for postoperative residuals of a brain tumor due to exposure to sonar waves, finding that there was no credible medical data supporting this claim.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to lung disease, finding that it was not attributable to his active military service and instead related to nicotine dependence acquired during service by use of tobacco products. The statute and regulations set forth in 38 U.S.C.A. § 1103 and 38 C.F.R. § 3.300(b)(1) bar service connection for the veteran's cause of death if it resulted from disease attributable to the veteran's use of tobacco products during service.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not support a finding that VA personnel were at fault in failing to diagnose and treat vasculitis, leading to irreparable nerve damage.

The Board denied the veteran's claim for an increased rating of his service-connected residuals of a pleural cavity injury, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied increased ratings for the veteran's service-connected upper and lower extremity disorders due to post polio syndrome, finding that the disability did not meet criteria for higher evaluations.

The Board found that the veteran's onychomycosis began in service and granted service connection for this condition.

The Board of Veterans' Appeals has ordered the case to be remanded for further development and consideration, including obtaining medical records and opinions regarding the veteran's dental treatment and its impact on her service-connected condition.

The RO denied the veteran's claim for apportionment of his VA pension benefits, citing that the maximum household income exceeded the maximum allowable pension rate. The case is being remanded to issue a statement of the case.

The Board found that the appellant's residuals of herpes zoster oticus did not meet the criteria for a rating greater than 10 percent, as they were characterized by moderate impairment.

The Board denied an increased rating for the veteran's service-connected otitis externa of the left ear, finding that there was no evidence of swelling, dry and scaly or serous discharge requiring frequent and prolonged treatment.

The Board found that the appellant knowingly made false statements in her claims for death pension benefits, leading to a forfeiture of her entitlement. The appeal is denied.

The Board found that the appellant knowingly made false statements in her claims for death pension benefits, leading to a forfeiture of her entitlement. The appeal is denied.

The VA denied a compensable evaluation for the veteran's service-connected loss of right testicle and history of right testicle torsion, status post right orchiectomy.