Other conditions decisions — 2005

The Board denied the appellant's claims for basic eligibility for nonservice-connected disability pension and service connection for cervical arthritis, finding that new and material evidence had not been submitted to reopen either claim.

The veteran withdrew his appeal for an increased rating of his service-connected residuals of a gunshot wound to the left buttock.

The Board has determined that the appellant's claim for disability compensation benefits pursuant to 38 U.S.C.A. § 1151 is denied because there is no evidence of negligence or unforeseeable events on VA's part.

The Board has reopened the veteran's claims for service connection for a right leg condition and a bilateral foot condition, but has not yet decided whether these conditions are related to his military service. Additional development is needed before a final decision can be made.

The Board has determined that the veteran sustained a corneal scar as a result of an injury to his eyes during service, which is now considered a residual. His current diminished vision is due to refractive error and not related to the eye injury. Therefore, service connection for the corneal scarring is granted.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for blindness in his left eye, which he claims was caused by VA surgery. The RO must obtain all relevant medical records to review this claim.

The Board finds that the veteran's bilateral sensorineural hearing loss is linked to his military service, including exposure to acoustic trauma during service. The doubt raised about the nature of this association has been resolved in favor of the veteran.

The Board denied the appellant's request for an effective date prior to December 1, 2001, for the award of DIC benefits because she elected to receive FECA benefits in preference to VA DIC benefits.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board denied the claim to reopen a service connection for left hip degenerative changes (claimed as leg pain and arthritis) due to lack of new and material evidence.

The Board denied the appellant's claim for VA benefits based on her deceased husband's service, finding that he did not have qualifying service under U.S. military records and therefore was not a 'veteran' for purposes of entitlement to VA benefits.

The Board has remanded the case due to a failure to provide proper notice and for additional development.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits due to her divorce and lack of cohabitation.

The case is being remanded for further development and consideration of the appellant's claims for service connection for the cause of her husband's death and eligibility for dependent's educational assistance under Chapter 35, Title 38, United States Code.

The Board has determined that the March 1947 decision severing service connection for defective vision was clearly and unmistakably erroneous, thus granting the veteran's claim.

The Board denied the veteran's claim for recognition of his stepdaughter as a helpless child due to failure to report for a necessary VA examination and insufficient evidence to determine if she was permanently incapable of self-support prior to age 18.

The veteran's claims for increased rating and temporary total disability based on surgery were denied as the evidence did not support a higher rating or entitlement to convalescence.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed in-service stressors for PTSD. The RO is instructed to verify these stressors and obtain a VA examination if necessary.

The VA granted service connection for residuals of a right foot fracture and assigned a 20 percent disability rating, effective August 2000. The veteran's claim for an increased rating was denied.

The Board found no objective evidence of memory loss, and the veteran's reported symptoms were not supported by medical examination findings. Service connection for bladder problems and respiratory symptoms was also denied.