Other conditions decisions — 2004

The Board granted service connection for presbyopia and refractive error, but denied their entitlement to compensation. The RO subsequently granted a non-compensable rating for the left shoulder disability.

The Board found that the appellant did not have qualifying service for VA pension benefits and denied his claim.

The Board denied service connection for left CVA and dementia, finding that the veteran's CVA was not related to his service-connected shrapnel fragment wound with retained metallic fragments in the scalp.

The veteran seeks service connection for residuals of a right foot injury, but the case is being remanded to obtain additional medical records and determine if there are any relevant exposure bases.

The Board found that the veteran's preexisting hammertoes, both feet, clearly existed prior to service and did not permanently increase in severity during service. Therefore, service connection for hammertoes, both feet, is not warranted.

The Board has remanded the case for additional development due to VCAA compliance issues and to obtain relevant medical records.

The Board denied the veteran's claims for service connection for ulcerative colitis and an increased evaluation for right posterior compartment muscle pain with musculofascial symptoms, finding that there was no evidence of a chronic condition during service or within the applicable presumptive period.

The Board found that the veteran's wife's income from 2001 and 2002 should be included as countable income for his initial award of improved pension benefits, thus denying the veteran's appeal.

The Board denied the appellant's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code because she was not legally married to the veteran at the time of his death and thus did not qualify as a surviving spouse.

The Board found that the veteran did not serve in combat with the enemy and there is no credible evidence of gunshot or bayonet wounds during service. The VA also could not locate any medical records from his hospitalization for these injuries. As a result, the claim was denied as residuals of gunshot and bayonet wounds were neither incurred nor aggravated by active duty military service.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA benefits due to her divorce from the veteran prior to his death.

The Board has determined that the veteran's current residuals of a cerebrovascular accident are likely due to VA treatment in May 1994, and thus grants compensation benefits under 38 U.S.C.A. § 1151.

The veteran's waiver request for overpayment of improved nonservice-connected disability pension benefits was granted due to financial hardship.

The Board has granted the appellant's claim for DIC under 38 U.S.C. § 1318, finding that the veteran's total disability rating was in effect for a period approximating 10 years immediately preceding his death.

The Board of Veterans' Appeals has determined that recovery of the overpayment of VA Chapter 1606 educational assistance benefits in the amount of $1,443.83 would not be against equity and good conscience.

The Board found that the veteran's immune disorder, manifested by rhinitis and sinusitis, is not causally or etiologically related to his periods of active service, including his Persian Gulf War experience. The claim for a sleep disorder was remanded.

The Board denied the veteran's claim for service connection for residuals of a left foot injury, finding that there was no evidence linking his current disability to his active duty service.

The Board has determined that the veteran is not providing reasonable support to his estranged spouse, and thus an apportionment of his VA benefits would cause undue hardship on him. As a result, the claim for apportionment was denied.

The Board has determined that the August 1960 rating decision severing service connection for nephritis was improper and restored the veteran's claim of entitlement to service connection.

The Board has remanded the case for further evaluation of the veteran's current pulmonary condition and to determine if there are any service-connected factors contributing to his disability.