Other conditions decisions — 2005

The Board has determined that the effective date for the grant of service connection for chronic lymphocytic leukemia cannot be prior to October 16, 2003 due to the liberalizing regulation and the nature of the claim.

The appellant is not legally entitled to receive concurrent Dependents' Educational Assistance under Chapter 35, United States Code.

The veteran's participation in a VA-sponsored vocational rehabilitation program was terminated due to his unsatisfactory conduct and cooperation.

The veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and because he submitted his application after January 17, 2003.

The VA determined that the veteran's current disabilities, including his chronic headaches and back pain, are not related to the hernia surgery he underwent in February 1999.

The Board granted a 40 percent rating for post-operative ulcer disease with right vagotomy and pyloroplasty effective October 22, 2001. The veteran's claim was not earlier than this date.

The Board denied the appellant's claim for an earlier effective date for DIC under 38 U.S.C.A. § 1151, finding that the proper effective date is July 15, 1999, based on the date of her claim.

The Board determined that the cause of the veteran's death was metastatic hepatoma, which is not service-connected and not presumed to be due to Agent Orange exposure. The appeal for service connection is denied.

The Board denied the veteran's claim for service connection for tooth extractions other than those previously established. The appeal regarding his application to reopen a right foot injury claim was dismissed due to untimely filing.

The Board denied the veteran's claim for an effective date earlier than August 18, 1998 for the grant of service connection for right intercostal muscle damage. The criteria for assignment of such an earlier effective date were not met.

The Board found that the veteran's injuries to his right upper extremity were acute and transitory, with no chronic disability present at the time of service. The Board concluded that any current disabilities involving the right upper extremity are not related to military service.

The Board denied the veteran's claim of service connection for status post excision of a thyroglossal duct cyst, anterior neck due to exposure to herbicides. The appeal was not reopened as new and material evidence was not submitted.

The veteran's appeal involves claims for service connection for cellulitis and an increased rating for PTSD. The case is remanded due to the need for further development by his representative.

The Board denied the veteran's claims for service connection for a stomach disability and denied his claim for a compensable rating for hydrocele of the right testicle. The veteran's stomach condition was not shown in service, and there is no medical evidence linking it to service. For the hydrocele, the VA examinations did not reveal any atrophy or associated genitourinary disability.

The Board has determined that the veteran does not have stomach or colon cancer and that his previous colon cancer was not incurred as a result of rectal polyps during active service. Therefore, service connection for these conditions is denied.

The Board denied service connection for adenocarcinoma of the prostate, finding no evidence linking it to military service.

The Board has denied the veteran's claims for service connection for bilateral shin splints, sinus disorder, and respiratory disorder. The right ankle fracture rating claim is also denied.

The veteran's dorsal strain was granted an increased evaluation to 20 percent, and service connection for narcolepsy was granted based on new evidence. The effective date is not specified.

The Board has determined that the overpayment of $819 in compensation benefits was due to sole administrative error on the part of VA, without the veteran's knowledge that it was erroneous. Therefore, the overpayment is invalid and not a valid debt to VA.

The veteran's post traumatic stress disorder results in total occupational impairment, warranting a 100 percent rating for all time periods during the pendency of this appeal.