Other conditions decisions — 2004

The veteran's claim for special monthly pension (SMP) is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board has determined that the April 1985 denial of service connection for residuals of a back injury is not final, and thus the veteran's claim to reopen remains pending.

The Board denied the veteran's claim for service connection for residuals of a right hand injury, finding no evidence of an in-service injury or current disability related to service.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his improved pension benefits, finding that he acted in bad faith by not reporting his family's income and seeking an unfair advantage.

The Board found that recovery of the overpayment would not be against equity and good conscience, as the appellant did not have fraudulent intent or act in bad faith. The Committee on Waivers and Compromises determined that collection of the debt would result in undue hardship for the appellant.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for Perthes' disease with atrophy and shortening of the right lower extremity and secondary bilateral tendinitis of the Achilles tendon. The issue of whether the veteran incurred a right knee disorder in service is also before the Board.

The Board denied the appellant's claim to reopen her husband's service connection for the cause of his death, finding that she had not submitted new and material evidence.

The veteran's service-connected right thigh disability does not meet the criteria for special monthly compensation based on need for aid and attendance or being housebound.

The veteran's claim for service connection for residuals of a back injury was denied as there is no evidence showing that he had a back injury or disease in service, and any current disability is not related to his military service.

The Board found that the overpayment of $1,415.15 in VA educational benefits was validly created based on retroactive reductions due to withdrawals from courses.

The Board denied the veteran's claim for VA educational assistance benefits, finding that he did not meet the eligibility criteria under Chapter 30 of Title 38, United States Code.

The Board denied the veteran's claim for basic eligibility for educational assistance under Chapter 30, Title 38, United States Code due to lack of three years' continuous active duty service. The decision also noted that the veteran did not meet the criteria for a qualifying discharge for Chapter 30 benefits.

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

The Board has determined that the veteran developed pleural plaques as a result of his asbestos exposure during active military service, and therefore grants service connection for these residuals.

The veteran's claim for vocational rehabilitation training is being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board found that the veteran's service-connected multiple chalazia of both eyes did not result in any current residuals, and thus a higher rating was not warranted. The currently assigned 10 percent rating adequately compensates for his disability.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding that bronchopneumonia and atherosclerotic cardiovascular disease were not incurred in or aggravated by active military service.

The veteran's service-connected disabilities warranted a higher rate of SMC based on the need for regular aid and attendance, which was established by medical evidence submitted after his death.

The Board denied the veteran's claim for compensation under Section 1151 as his bilateral eye disability was not caused by or aggravated by VA treatment, and the evidence showed that it was due to progression of pre-existing glaucoma.

The Board has granted a 10 percent disability evaluation for the veteran's residuals of an excision of a fibroadenoma of the left breast, effective from the date of the initial rating decision in July 1998.