Other conditions decisions — 2005

The Board denied the appellant's petition to reopen her claim for death benefits as there was no new and material evidence submitted since the January 2002 decision, and she is not the veteran's surviving spouse.

The Board found that the overpayment of VA improved pension benefits in the amount of $17,744.00 was properly created due to the veteran's reported household income exceeding the maximum annual pension rate.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Cape Fear Hospital from January 8, 2002 to January 9, 2002 was denied because the treatment did not meet the criteria set forth in 38 U.S.C.A. § 1728.

The veteran's application for VA educational assistance was denied because the training he completed prior to March 17, 2002, occurred more than one year after his application.

The Board has granted the appellant's claim for DEA benefits under Chapter 35, Title 38 of the United States Code for a period of enrollment at Concordia University beginning in September 1999. The effective date is set to September 7, 1999.

The veteran's service-connected skin conditions, including actinic keratosis with basal cell and squamous cell carcinoma of the face, ears, neck, chest, back, upper and lower extremities, are rated at their maximum schedular evaluations. The effective date for a total disability rating based on individual unemployability due to service-connected disabilities is granted prior to November 14, 1990.

The Board denied the veteran's claim for an increased rating for his duodenal ulcer, post gastrectomy syndrome. The effective date of service connection remains May 16, 1995.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for prostatitis, and thus grants the application to reopen.

The VA has determined that the veteran's osteoporosis does not warrant a compensable rating as it is currently manifested by mild spinal osteoporosis without evidence of pain or limitation of motion.

The Board denied the veteran's claim for service connection for non-Hodgkin's lymphoma, finding that there was no evidence to support a link between his condition and his military service.

The Board has granted a 30 percent evaluation for chronic prostatitis and increased the rating of urethral stricture to 20 percent, effective from September 1995.

The VA denied the veteran's claims for increased ratings for his left lower and upper extremity weakness due to an intracranial hemorrhage. The RO found that the veteran's symptoms did not warrant a higher rating based on current medical evidence.

The RO denied service connection for bilateral retinal degeneration, a constitutional or developmental abnormality not considered a disability under the law and not aggravated by active military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for arthritis of the left sacroiliac joint, claimed as secondary to a service-connected hemorrhoidectomy. The issues of increased rating for narcolepsy and earlier effective date for service connection for narcolepsy are addressed in the Remand section.

The VA denied the veteran's claim for a higher evaluation for his service-connected low back disability, finding that it only manifested as minimal spondylosis and mild disk space narrowing without significant symptoms or limitations.

The Board has remanded the case for additional development to obtain service medical records and post-service treatment records.

The Board found that $1,629 of the overpayment was not properly created and should be reduced. The remaining $7,460 is considered a valid debt. The waiver of this overpayment was granted as it would not be against equity and good conscience.

The Board has determined that the veteran does not have a bilateral hand disorder attributable to service and therefore denied his claim for service connection.

The Board has determined that the veteran is competent for VA purposes based on recent medical evidence indicating he can manage his affairs.