Other conditions decisions — 2004

The RO denied the veteran's claim for nonservice-connected disability pension benefits with special monthly pension due to excessive income. The RO also granted entitlement to special monthly pension based on the need for regular aid and attendance, effective February 19, 2003.

The Board finds that recovery of the overpayment would not result in the appellant being unable to provide for her basic necessities and does not tend to nullify the objective for which the pension program was intended. The decision grants waiver of recovery of the overpayment.

The Board has remanded the case for additional development due to lack of a recent VA psychiatric examination and internal inconsistency in previous decisions.

The case is being remanded to the RO for scheduling a Travel Board hearing on the issue of service connection for TMJ dysfunction.

The Board denied the claim for service connection for a nervous condition, finding that the May 1987 rating decision did not contain clear and unmistakable error.

The Board denied the veteran's claim that he has excessive income for receiving VA nonservice-connected pension benefits.

The Board has granted the maximum schedular rating of 50 percent for bilateral metatarsal adductus with calcaneal valgus, and assigned a separate 20 percent evaluation for degenerative joint disease with tarsal coalition of the right subtalar joint. The veteran's service-connected foot disability is manifested by marked pronation, tenderness along the plantar fascia, subluxation of the talonavicular joints, bowing of the Achilles' tendon, valgus hallux rigidus, and hammertoes of the lesser digits.

The Board finds that the veteran does not have a chronic respiratory disorder and thus, his claim for service connection for a respiratory disability is denied.

The Board denied service connection for the cause of the veteran's death due to arteriosclerotic cardiovascular disease, concluding that it was not related to his military service.

The Board found that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, including unauthorized absences and disobeying orders. The Board concluded this constituted a bar to VA benefits.

The Board found that the veteran's discharge from service under other than honorable conditions due to serious military offenses does not constitute a bar to VA benefits.

The Board found that the appellant did not meet the threshold requirements for eligibility for VA pension benefits due to lack of active duty service, and thus denied his claim.

The Board has granted service connection for peptic ulcer disease with a deformity of the duodenal bulb and duodenitis, but denied an increased rating beyond the initial 10 percent assigned.

The Board found that the veteran's arthritis is not related to tick fever or Lyme disease during service and denied his claim for service connection.

The veteran's claims for increased ratings for his service-connected chronic venous insufficiency of the left and right lower extremities are being remanded due to the need for additional development, including a VA examination.

The Board has reopened the veteran's claim for service connection for residuals of an injury to the right eye due to new and material evidence submitted since the last denial.

The appellant's claim for an earlier effective date for DIC benefits was denied. The RO found that the original application did not indicate service connection, and the new application only addressed the cause of death.

The Board has determined that a VA examination is needed to assess the severity of the veteran's service-connected exertional rhabdomyolysis, and remands the case for further development.

The VA medical examiner determined that the service-connected hepatitis did not cause or contribute to the veteran's fatal vasculitis, and thus denied service connection for the cause of death.

The Board found that the right foot arthritis due to osteomyelitis of the third metatarsal head preexisted service and was not aggravated therein, thus denying service connection.