Other conditions decisions — 2004

The veteran's appeal is to have her initial rating for residuals of a hysterectomy increased from 30 percent to higher. The case has been remanded due to the need for additional development, including employment records and hospitalization information.

The VA denied the veteran's claim for service connection of PTSD because new and material evidence was not presented.

The Board denied the appellant's claim for dependency and indemnity compensation benefits based on her status as the helpless child of the veteran due to her marriage, which barred her from being recognized as such.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from December 12, 2002 to December 20, 2002, on December 27, 2002 and on January 14, 2003 due to lack of eligibility under VA regulations.

The Board found that the appellant's claim was denied as a matter of law because his service department determination, which is binding on VA, concluded he did not have recognized guerrilla or Commonwealth Army service. The appeal for veteran status and benefits based on this service was therefore denied.

The Board found that the appellant did not have qualifying service in the U.S. Armed Forces and therefore is not eligible for VA benefits.

The Board has determined that the veteran's left eye disability is related to his military service and grants service connection for this condition.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for damage to his left eye, finding no evidence showing that any claimed eye pain was due to the surgery.

The Board has granted a 50 percent evaluation for bilateral varicose veins, effective from the date of the initial claim. The veteran's systolic click syndrome is not rated as compensable.

The Board has determined that the overpayment of death pension benefits was properly calculated and denied the appellant's request for a waiver due to financial hardship.

The Board found no evidence of a left index finger injury in service and concluded that the current condition is not related to service. As such, it denied the claim for service connection.

The Board denied an initial compensable disability rating for the veteran's right neck and chin paresis, finding that his condition has been manifested by diminished sensation below the angle of the right jaw. The issue regarding a timely substantive appeal for vocal cord paralysis with hoarseness and swallowing problems was not addressed in this decision.

The Board found that the veteran's sick sinus syndrome with supraventricular tachycardia and second degree heart block, status post pacemaker insertion was not incurred in or aggravated by service. The claim for service connection was denied.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, finding that she is not eligible due to reaching her 26th birthday on or before the effective date of a total compensation rating based on individual unemployability.

The Board denied the veteran's claims for increased ratings for residuals of cold injury, Raynaud's syndrome, in all four affected extremities (upper and lower), finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has restored the veteran's 50% disability evaluation for his right total hip replacement, finding that it more nearly approximates moderately severe residuals.

The Board found that the veteran's defective hearing in both ears did not have its onset or increase in disability during service and is not related to any service-connected condition. Therefore, his claims for service connection were denied.

The Board found that new and material evidence had been submitted, allowing the appellant to proceed with her claim. However, the cause of the veteran's death (heart failure) was not determined to be incurred in or aggravated by his military service.

The Board has granted an initial 10 percent rating for service-connected left and right femur fractures, with the condition more nearly approximating slight hip disability.

The Board found that the veteran did not have qualifying active service for purposes of entitlement to VA pension benefits and therefore denied his claim.