Other conditions decisions — 2005

The appellant's service is not recognized for VA benefits due to lack of qualifying service, and the Board finds him ineligible.

The Board found that the veteran's overpayment of educational assistance benefits was properly created, as she withdrew from her courses before the end of the approved enrollment period.

The veteran's overpayment of VA pension benefits was denied due to the veteran's failure to report his receipt of increased Social Security benefits and his son's receipt of Social Security benefits. The VA is not at fault for this portion of the overpayment.

The veteran's request for waiver of recovery of an overpayment of VA pension benefits in the amount of $16,041 was timely filed. The claim is therefore granted.

The veteran's claim for an earlier effective date for additional compensation for his dependent spouse was denied as he did not provide the required Social Security number for his wife, which is a requirement under VA regulations.

The Board has granted a 10 percent evaluation for the veteran's status post stab avulsion of varicose veins of the right lower extremity, and denied his claim for an increased evaluation for left testicular pain.

The Board found that the veteran's respiratory symptoms and joint pain are likely due to an undiagnosed illness incurred in service, granting his claims.

The veteran's right inguinal hernia and associated neuralgia have been granted increased ratings, with the right inguinal hernia receiving a 30 percent rating effective January 1, 2000.

The Board found the veteran's discharge to be issued under dishonorable conditions and thus bars him from receiving VA benefits based on his second enlistment.

The Board determined that the appellant was not entitled to VA death pension benefits as the surviving spouse of the veteran due to her marriage being less than one year prior to his death and no children born during or before the marriage.

The Board found that the cause of the veteran's death, metastatic bowel cancer to the liver, was not caused by or a result of any service-connected disability. The appellant is therefore denied service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1318.

The Board has determined that the cause of the veteran's death, a myocardial infarction with an underlying ulcer, was not caused by or substantially contributed to by any service-connected disability.

The Board denied the claim as there was no evidence linking the veteran's cause of death to his military service, including any exposure to ionizing radiation.

The VA has determined that the veteran's perirectal abscess was not caused by carelessness, negligence, or lack of proper skill on the part of VA in providing hospitalization or medical/surgical treatment. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran does not have a current disability manifested by numbness and tingling of the hands or left leg, and therefore service connection for these conditions is denied.

The Board granted service connection for a growth of the left ear and awarded a noncompensable evaluation for residuals of a fracture of the fourth metacarpal of the right hand, finding that both conditions are related to service.

The veteran's lumbar spine disorder was rated at 40 percent prior to January 26, 1998. Effective January 26, 1998, the rating for his condition was increased to 60 percent.

The Board found that the July 1945 rating decision did not involve clear and unmistakable error in reducing the evaluation from 50 percent disabling to 30 percent disabling for dementia praecox.

The Board finds no current bowel disorder or other residual of a ruptured appendix, and thus denies the claim.

The Board has determined that the cause of death, adenocarcinoma of the stomach, was not incurred in or aggravated by service. The veteran's other service-connected conditions did not contribute to his death.