Other conditions decisions — 2003

The Board denied the veteran's claim for an extension of his delimiting date for basic educational assistance under the Montgomery G.I. Bill, Chapter 30, finding that the adjustment to February 14, 2001 was proper based on a break in active duty service.

The veteran's claim for an increased rating for residuals of a biopsy on the right side of his mouth was granted, and he is now rated at 10 percent. The issue regarding the inability to wear a partial bridge from March 29, 2001, remains unresolved.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The veteran's appeal is for an earlier effective date for the grant of a total disability evaluation based upon individual unemployability due to service-connected disabilities. The case must be remanded to ensure full and complete compliance with the VCAA.

The Board has determined that the record is inadequate to make a decision on the claim for service connection for left hip injury due to lack of evidence and remanded the case back to the RO for further action.

The Board granted service connection for peptic ulcer disease as secondary to PTSD, effective November 21, 2003. The veteran's claim for a scar from the April 1979 surgery was not addressed due to lack of evidence showing it was related to PTSD.

The Board determined that the appellant does not meet the basic eligibility requirements for VA benefits based on her husband's service.

The Board denied the veteran's claim for an increased disability rating for Raynaud's disease, finding that his symptomatology did not warrant a higher rating based on characteristic attacks occurring four to six times a week.

The Board has determined that the veteran's residuals of pilonidal sinus surgery do not warrant an increased rating beyond the current 10 percent assigned.

The Board denied the appellant's claim, finding that her deceased husband did not have service in the United States Armed Forces or recognized guerilla service. The VA determined there was no basis to recognize him as a veteran for VA benefits purposes.

The veteran is seeking service connection for chronic myelocytic leukemia (CML) due to exposure to herbicides in service. The case has been remanded for additional development, including obtaining medical records from the West Texas Cancer Center and the VA Medical Center in Albuquerque.

The Board has determined that further action is required to comply with the VA's duties to notify and assist in the development of the veteran's claim for a compensable rating for chondromalacia patellae of the right knee. The case is being remanded to the RO for additional development, including obtaining relevant medical records and providing the veteran with appropriate assistance and notice under the VCAA.

The veteran seeks an earlier effective date for nonservice-connected pension benefits, but the claim was denied as his income exceeded the maximum allowable for pension benefits. The RO's decision became final in March 1981 and no appeal was filed.

The Board found that the overpayment of $7,556.00 was properly created for a period from November 1, 1990 to August 29, 1992 and not properly established for a period from August 30, 1992 to April 1, 1999 due to sole administrative error.

The Board denied the veteran's request for reimbursement of automobile adaptive equipment, finding that he was not entitled to additional provisions due to his ineligibility based on the law and facts presented.