Other conditions decisions — 2005

The Board has determined that the veteran's claimed disorders of the vocal cords and lung disorders are not related to his period of service or a service-connected disability, leading to a denial of these claims.

The Board has determined that the veteran's overpayment of $2,284.00 was validly created and he is entitled to a waiver due to undue hardship caused by his inability to afford basic necessities.

The Board has remanded the case for further action, including scheduling a Travel Board hearing at the RO in St. Petersburg, Florida.

The veteran's claim for eligibility for automobile and adaptive equipment or adaptive equipment only is being remanded due to the need to obtain additional medical records from his VA treatment facility. The case will be reviewed again after these records are obtained.

The Board has denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Dependents' Educational Assistance under 38 U.S.C.A. Chapter 35.

The Board has determined that an increased evaluation for the veteran's shell fragment wound of the left thigh is not warranted, as his muscle residuals do not meet the criteria for a higher rating.

The Board has determined that the veteran was not entitled to payment for unauthorized medical services provided by Retina Associates of Western, N.Y., P.C. under the Veterans Millennium Health Care and Benefits Act due to the procedure being non-emergent.

The Board has denied the veteran's claim for service connection for refractive error of the eye with pterygium, finding that new and material evidence was not submitted to reopen the previously denied claim.

The Board denied the veteran's request to reopen his claim for service connection for left leg varicose veins, finding that the new evidence submitted did not provide a basis to establish service connection.

The Board has determined that the veteran's residuals of a fracture of the right mandible do not meet the criteria for an increased disability rating beyond the current 10 percent assigned.

The veteran's appeal is being remanded for further development, including an examination to assess the current severity of his service-connected duodenal ulcer with post-operative vagotomy and pyloroplasty.

The appellant's service does not meet the criteria for basic eligibility for nonservice-connected pension benefits, as his period of active duty was not for 90 days during a period of war or due to a service-connected disability. The claim is denied.

The veteran's claim is being remanded for another VA audiological examination to assess the severity of his right ear hearing loss.

The Board has determined that the appellant's total annual income after deductions for medical expenses is $4,443, which is below the maximum annual pension rate. Therefore, NSC death pension benefits are granted.

The veteran's chronic cough, impotency, and physical body weakness are not diseases entitled to a presumption of service incurrence due to in-service exposure to ionizing radiation.

The Board has granted the veteran's waiver of recovery for overpayment from September 1, 2000 to November 30, 2002 and denied his request for an effective date prior to December 1, 2002.

The Board denied the appellant's request to reopen his previously denied claim of basic eligibility for VA benefits, finding that new and material evidence had not been received.

The veteran's eligibility period for Chapter 30 educational benefits expired on September 1, 2003. The Board found that the criteria for an extension of the delimiting date have not been met due to a lack of legal merit.

The Board has denied the veteran's claim for service connection for a respiratory disease claimed as pneumonia and stains in the lungs due to his failure to report for scheduled VA examinations without good cause.

The Board has determined that the veteran owes $101.00 in recoupment of his severance pay, and the RO's initial calculation was correct.