Other conditions decisions — 2004

The Board denied the appellant's eligibility for VA educational assistance under Chapter 1606, Title 10, United States Code due to his honorable discharge from the Marine Corps Reserve in February 1993.

The Board found no evidence of current dysentery and denied the claim for service connection.

The Board has granted service connection for the veteran's burns on the right arm and flank, finding that they were incurred secondary to his service-connected lumbar spine disability. The rating assigned is 40 percent.

The Board has determined that the veteran does not have arthritis of multiple joints that is related to military service.

The veteran is seeking service connection for heart disease, including atrial fibrillation, hypertrophic cardiomyopathy, and transient ischemic attacks. The case is being remanded to allow for additional development of the evidence.

The Board has determined that there is no qualifying service for the appellant's late husband, and therefore he cannot be considered a veteran for VA benefits purposes. As a result, the claim for death benefits as the surviving spouse of a deceased veteran is denied.

The veteran's claims of service connection for growths on both eyes, bilateral varicose veins, and back injury are being considered due to a motion alleging clear and unmistakable error in the 1949 rating decisions. The appeal is mixed as some issues may be granted while others are denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the veteran for a VA examination to determine if he has a respiratory disability related to service.

The Board dismissed the appeal as to entitlement to a rating in excess of 10 percent for conjunctivitis. The claim for service connection for chronic indigestion was denied due to lack of evidence linking the condition to service.

The Board denied service connection for the veteran's claimed conditions, including a contusion to the head and cold injuries to hands and feet. The decision found no current diagnoses or residuals of these conditions.

The Board has decided to remand the case for further development and compliance with VCAA requirements.

The veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected hand disability, including any impact on thumb function and overall hand functionality. The RO must also consider whether an increase in disability rating or special monthly compensation is warranted.

The Board has denied the veteran's claims for service connection for a skin disability and tremors of his hands. The appeals regarding compensable ratings for bursitis of the left shoulder and intercostal myalgia are also denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits, finding that her actions constituted bad faith in not reporting her retirement income.

The Board denied the veteran's claims of service connection for residuals of eye trauma, defective vision, and disability manifested by memory loss. The Board found that there was no evidence to support these claims.

The Board denied the veteran's claim for an earlier effective date for his nonservice-connected pension benefits, finding that the August 1994 rating decision was final and that the earliest date for which entitlement to a nonservice-connected pension could be granted is September 30, 1996.

The Board has determined that the veteran knowingly submitted false statements in his claim for increased ratings, leading to a forfeiture of all VA benefits under 38 U.S.C.A. § 6103(a).

The VA denied the veteran's claims for an increased evaluation and a total rating based on individual unemployability due to service-connected disabilities. The VA found that the veteran's herniated nucleus pulposus did not meet the criteria for a disability evaluation in excess of 40 percent.

The Board denied service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance benefits. The Board found that there was no evidence linking the veteran's death to a service-connected disability.

The Board denied the appellant's claims for accrued benefits and basic eligibility for non-service connected pension benefits as she did not file her claims within one year of the veteran's death, and the veteran had no pending claims at his time of death.