Other conditions decisions — 2005

The Board found that the overpayment of $41,580.06 was properly created and not due to sole VA error, as the veteran had been incarcerated for a felony offense.

The veteran's service-connected residuals of a gunshot wound to the left forearm with damage to Muscle Group VI have been rated at 20 percent, effective from December 14, 1982. The Board finds that this rating is appropriate as his condition has not warranted a higher evaluation.

The Board of Veterans' Appeals (Board) has determined that the appellant does not meet the basic eligibility requirements for nonservice-connected pension benefits due to a lack of verified service.

The Board found that the veteran did not develop impotence or urinary incontinence as a result of VA treatment, and thus denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for an increased evaluation for her left pubic ramus fracture and service connection for a left foot disability. The veteran was not granted any new evaluations or benefits.

The Board found that the cause of the veteran's death was multiple diseases of old age, with advanced dementia. The service-connected shrapnel wound scars and bilateral pes planus did not contribute to his death.

The Board has denied the veteran's claims for increased disability ratings and effective dates for his service-connected multiple shrapnel wounds, as it is not factually ascertainable that the disabilities increased in severity prior to February 13, 2001.

The Board denied service connection for a psychiatric disability, including cognitive disorder and adjustment disorder with depressed mood, finding that there was no evidence of such conditions during or after service.

The Board found that there is no current evidence of an eye disability related to the veteran's service, and thus denied his claim for service connection.

The veteran's claim for a higher initial rating for service-connected status post fracture of the right fifth metatarsal is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's status postoperative Crohn's disease with associated residuals is etiologically related to active service and grants his claim for service connection.

The Board has determined that the veteran's cardiac disease and adenocarcinoma of the lung are traceable to his in-service smoking habit, warranting service connection for these conditions.

The Board has denied the veteran's claim of entitlement to service connection for varicose veins of the right leg, finding that there is no evidence linking these conditions to his military service.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence that pneumonia and senility were related to his military service.

The Board has found that new and material evidence has been presented to reopen the veteran's claim for service connection for bronchiectasis, which was previously denied in December 1956. The decision is based on additional medical records submitted since the previous denial.

The Board found that the veteran's service-connected psychogenic gastrointestinal reaction did not warrant a rating in excess of 10 percent.

The veteran's claim for Chapter 30 educational benefits was denied as he did not meet the eligibility criteria, including serving at least three years of continuous active duty and being discharged or released from active duty due to unsatisfactory performance.

The Board denied the veteran's claims for service connection for dental disability and an initial compensable rating for residuals of surgery of the right fifth toe, finding that his periodontal disease did not meet the criteria for compensation under VA law and regulations. The residuals of surgery were rated as noncompensable.

The Board has determined that the veteran's recent leg disorder, including skin ulcers, was not incurred in or aggravated by active military service.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38 due to lack of eligibility based on service requirements and timing.