Other conditions decisions — 2004

The veteran was granted reimbursement for the licensing and certification testing fee of $450.00 he incurred in July 2001 to take a Certified Financial Planner examination, as his eligibility for Chapter 30 educational assistance benefits extended through at least September 3, 2001.

The Board denied service connection for an acquired nervous disorder in July 1979, finding that the evidence did not show a disease during or immediately after service.

The case is being remanded for further development and readjudication due to procedural issues.

The RO denied the veteran's claim for service connection for pneumonia, and she did not file a timely appeal. The RO also denied other claims based on new evidence submitted since July 1991.

The Board denied service connection for melioidosis and a skin condition, finding no evidence of these conditions in service or post-service. The veteran's skin tags were diagnosed many years after service and not linked to any incident of service.

The Board denied the veteran's request for waiver of overpayment of VA pension benefits, finding that his actions constituted bad faith and thus precluded consideration of a waiver.

The veteran's initial disability rating for sensory nerve damage resulting from a left iliofemoral bypass was increased to 40 percent effective February 6, 2002. The original grant of compensation under the provisions of 38 U.S.C.A. § 1151 remains in effect.

The veteran's service-connected patellofemoral syndrome with degenerative changes in both knees resulted in loss of range of motion, but the RO denied increased ratings as his disability did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board denied the veteran's claims for service connection for malaria, degenerative joint disease of both knees, bilateral foot disorder, bilateral hip disorder, and headaches due to a lack of competent medical evidence linking these conditions to his military service.

The Board has determined that the attorney-fee agreement for a 30 percent fee is reasonable, given the complexity of the case and the results achieved.

The case is being remanded to the RO for additional development due to VCAA compliance and missing Social Security Administration records.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that her marriage to him was not valid due to her subsequent marriage to another man and holding herself out publicly as his wife.

The Board denied the veteran's claim for an increased evaluation for his service-connected bilateral pterygium, finding that there was no evidence of a loss of vision secondary to the condition.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she did not meet the eligibility criteria due to her age at the time of her father's service-connected disability rating.

The appellant's service does not legally qualify him for entitlement to VA non-service-connected disability pension benefits due to the absence of legal merit.

The veteran's claims for an increased rating and TDIU are being remanded due to the need for further development, including a VA examination.

The veteran's claim for non-service-connected pension benefits was denied as he did not meet the service requirements of 38 U.S.C.A. § 1521(j).

The Board has granted the veteran's claim, allowing expenses of $480 for travel mileage and motel to be counted as unreimbursed medical expenses for calendar year 2001 to reduce his countable income for VA pension purposes.

The veteran is seeking service connection for a pulmonary disability, including residuals of left lung lobectomy and recurrent pneumonia. The appeal will be remanded to allow for further development, including a VA medical examination.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for residuals of brain surgery, which was previously denied in September 1969. The veteran's representative raised an allegation of clear and unmistakable error but did not pursue it further.