Other conditions decisions — 2005

The Board has determined that additional development is necessary before a final decision can be made on the veteran's claim for service connection for residuals of left eye surgical repair.

The Board denied the veteran's claims for service connection for hypercholesterolemia and hyperlipidemia, finding that there was no competent medical evidence showing a current disability manifested by or attributable to these conditions. The RO granted entitlement to service connection for lumbosacral strain with a 10% evaluation effective from October 2001.

The Board found that the residuals of a shell fragment wound of the right thigh, which consist primarily of complaints of cramping and some weakness on squatting, are productive of no more than moderate impairment. The veteran's claim for an increased rating was denied.

The appellant's claim for nonservice-connected pension benefits was denied as he did not have qualifying wartime service.

The Board found that recovery of the overpayment would be against equity and good conscience due to the veteran's financial hardship caused by his incarceration, resulting in a waiver being granted.

The veteran's son is not eligible for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to the appellant reaching his 26th birthday before the effective date of the permanent and total disability rating.

The veteran's claim for reimbursement of an Ultrasound Physics and Instrumentation examination taken on October 3, 2002 is denied as she filed her application for VA education benefits too late.

The Board denied the claim as the law does not authorize payment of a nonservice-connected survivor's pension beyond November 1, 2003.

The veteran's appeal for service connection for the residuals of a stroke has been dismissed due to his death.

The VA denied retroactive payment of Dependents' Educational Assistance (DEA) benefits for the veteran's daughter, as the earliest date of eligibility was August 28, 2001.

The veteran's claim for service connection for bilateral posterior subcapsular cataracts, claimed as a result of exposure to ionizing radiation, is being remanded due to the need for updated dose estimates from DTRA.

The veteran's service-connected conversion disorder was not rated as 100% disabling for the ten years immediately preceding his death, thus denying DIC benefits under 38 U.S.C.A. § 1318.

The veteran does not have a permanent and total disability, and the appellant is not legally his spouse due to their divorce. Therefore, the appellant is not eligible for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board found no clear and unmistakable error in the September 1965 rating decision that reduced the veteran's disability evaluation for traumatic brain disease from 50% to 30%. The reduction was consistent with VA regulations at the time.

The Board denied an increased evaluation for the service-connected herniated disc at L5-S1 and degenerative changes at L4-L5 and L5-S1, currently rated as 40 percent disabling. Separate ratings of 10 percent were granted for associated neurologic abnormalities in each lower extremity.

The Board denied service connection for a hiatal hernia with reflux and sexual dysfunction due to an undiagnosed illness, finding no evidence of such conditions during active service or within one year post-service separation.,The veteran's current sexual dysfunction is considered a diagnosed condition rather than an undiagnosed illness.

The VA denied the veteran's claims for increased evaluations for his service-connected shell fragment wound residuals of the left hip and buttock, as well as a low back disability. The evidence did not meet the criteria for higher ratings under applicable rating criteria.

The VA denied a higher disability rating for the veteran's service-connected chronic epidermophytosis, currently rated at 30 percent.

The veteran's claim for service connection for abdominal pain was denied on the merits. However, his claim for an increased rating for low back pain was granted with a 30% disability rating effective September 28, 2004.

The VA determined that there is no current diagnosis of a right inguinal hernia, and thus denied the appellant's claim for service connection.