Other conditions decisions — 2004

The Board denied the veteran's claim of service connection for residuals of a back injury, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Board denied service connection for right elbow arthritis and arthritis of multiple joints. The RO confirmed the existing 10% ratings for right wrist sprain with traumatic arthritis and right thumb sprain with traumatic arthritis, but denied service connection for PTSD.

The veteran died from nonservice-connected causes and was not in receipt of VA pension benefits at the time of his death, thus denying entitlement to nonservice-connected burial benefits.

The Board has determined that the veteran's high cholesterol is not a disability for VA compensation purposes and denied his claim of entitlement to service connection. The decision also granted service connection for periodontal disease.

The case is being remanded to the RO for further action, including the submission of a Financial Status Report and adjudication under the standard of equity and good conscience.

The Board has reopened the veteran's claim of service connection for leukemia due to new evidence submitted since the final denial. The evidence now suggests a possible link between the veteran's leukemia and his military service, including exposure to Agent Orange during Vietnam.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no confirmed in-service stressor to support his diagnosis of PTSD, and thus the preponderance of evidence did not support his claim.

The appellant is not eligible for VA death pension benefits as she did not meet the eligibility criteria of being a surviving spouse of the veteran.

The Board denied the veteran's claims for extension of the delimiting date for educational assistance benefits under Chapter 34 and basic eligibility for entitlement to educational assistance benefits under Chapter 30. The decision found that the veteran did not have remaining eligibility for Chapter 34 benefits, nor could he qualify for Chapter 30 benefits due to lack of active duty service after August 1979.

The Board found that the overpayment of compensation benefits was due to VA administrative error and not caused by the veteran's knowledge or action. The decision grants a waiver of recovery for the $5,026 overpayment.

The veteran's claim for educational assistance under Chapter 30, Title 38 was denied as he did not meet the basic service eligibility requirements.

The Board found that the appellant's request for waiver of her death pension overpayment was timely filed, and thus granted her appeal.

The Board has decided to remand the case for further development and consideration of the veteran's claim for payment or reimbursement for unauthorized private medical expenses incurred at Valley Lutheran Hospital in September 2002. The main issues are whether VA facilities were feasibly available, whether there was coverage under a health-plan contract, and whether the veteran has service-connected disabilities that may qualify him for reimbursement under 38 U.S.C.A. § 1728.

The Board found that appellant did not develop any additional disability as a result of her mastectomy performed at a VA facility in July 1995.

The Board found that the cause of death was not related to service-connected conditions and denied both the claim for service connection for the cause of death and DIC benefits.

The veteran's claim for an increased evaluation of his service-connected lower back disability has been granted, with a rating now at 100 percent.

The Board found no evidence of a current perforated right tympanic membrane or any residual disability due to such, and thus denied the veteran's claim for service connection.

The Board of Veterans' Appeals (BVA) found no clear and unmistakable error in the January 2000 rating decision that denied service connection for subcapsular cataracts as a result of exposure to ionizing radiation. The RO considered all available evidence, including medical opinions, and determined there was no reasonable possibility that the veteran's disability resulted from such exposure.

The veteran's appeal is being remanded to the RO for further actions including obtaining medical records, providing VCAA notice, and scheduling a VA eye examination. The goal is to determine if the veteran should receive a higher rating for his service-connected left eye disorder.

The VA has denied the veteran's claims of service connection for throat obstruction, right hip disorder, and left foot disorder due to lack of evidence supporting these conditions.