Other conditions decisions — 2005

The veteran's claim for Chapter 30 educational assistance benefits in the form of reimbursement for a Texas educator certification/licensing test fee incurred on June 30, 2001 was denied because her application was received more than one year after the test date. The effective date of any award would be January 28, 2004, which is not earlier than one year prior to receipt of her claim.

The VA denied a higher disability rating for the veteran's service-connected chronic lymphocytic leukemia, finding that it did not meet the criteria for a compensable rating based on hemoglobin levels or other symptoms.

The veteran's notice of disagreement (NOD) to the denial of service connection for multiple disabilities was not timely filed, and thus his appeal is denied.

The Board denied service connection for fecal incontinence, finding that it was not incurred or aggravated by service and is not related to the veteran's service-connected low back disorder.

The Board found that the veteran's lung disorder is not related to his active service, including exposure to cold weather.

The Board has determined that the veteran's claim for service connection for tremors of the hands and nervousness is denied as there is no evidence showing these conditions were incurred in or aggravated by military service.

The Board found that there is no competent medical evidence linking the loss of sight in the right eye to any incident of active military service, and denied the claim for secondary service connection.

The Board has granted an initial disability rating of 30 percent for the veteran's residuals of dental injury, effective from October 30, 2002 to July 10, 2003. The veteran was previously rated noncompensable.

The Board found that the veteran's lung disorder is not related to his military service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Board has determined that the veteran's death was caused by lung cancer, which is a presumptive disease associated with exposure to Agent Orange during service. As such, the appeal for service connection for the cause of the veteran's death is granted.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service with the United States Armed Forces.

The Board determined that the veteran committed fraud by falsely claiming F.R. as his child for VA benefits, and declared forfeiture of his rights to such benefits.

The Board found that sclerosing cholangitis is not attributable to service or a service-connected disease or injury, and denied the claim for service connection.

The Board denied compensation under 38 U.S.C.A. § 1151 for additional disability as the residual of the veteran's June 1998 surgery at a VA medical facility, finding no evidence of negligence or malpractice.

The veteran's service-connected conditions, including tonsillectomy/pharyngitis and fracture of the left little finger, are not shown to meet the criteria for a compensable evaluation. The RO denied entitlement to increased ratings.

The Board found that the veteran does not have a current diagnosis of arthritis, other than of the cervical spine, or Reiter's syndrome. Therefore, service connection for arthritis is denied.

The Board denied an increased (compensable) evaluation for the veteran's residuals of gunshot wound to the buttocks, finding no entitlement to a higher rating based on the current clinical manifestations and lack of functional limitation from the service-connected disability.

The VA determined that the veteran's scarring as a residual of a shell fragment wound of the penis does not meet the criteria for a compensable rating.

The Board has ordered further development due to incomplete records and the need for additional evidence related to the veteran's claim of service connection for a bleeding disorder.

The veteran's claims for service connection for various conditions, including those related to exposure to Agent Orange, were denied. Service connection was not established for any of the claimed conditions.