Other conditions decisions — 2005

The veteran's appeal is about his eligibility for VA medical care without a co-payment requirement. The case has been remanded due to the need for VCAA compliance.

The Board has determined that an effective date of November 9, 1988 is warranted for the grant of service connection for pulmonary emphysema, residuals of pneumonia and wedge resection of the upper lobe of the left lung.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the right foot as a result of VA surgical treatment in 1990, finding no new and material evidence to reopen the claim.

The VA denied the veteran's claim for an increased evaluation for his service-connected residuals of shell fragment wounds to the right chest, currently rated at 10 percent.

The Board found that the veteran does not currently suffer from multiple joint arthritis and denied his claim for service connection. The issue of lung mass is remanded due to conflicting medical evidence.

The Board denied an earlier effective date for DIC benefits awarded under the provisions of 38 U.S.C.A. § 1151, finding that the appellant did not submit new and material evidence within one year of receiving a February 2000 letter from the RO.

The Board has determined that the appellant did not have recognized active service and therefore does not meet the basic eligibility requirements for VA benefits.

The Board has granted the veteran's claims for effective dates earlier than August 24, 2000, for the assignment of ratings and service connection for his service-connected disabilities.

The veteran's claim for an increased rating for his service-connected residuals of a herniorraphy for a right inguinal hernia is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board denied the appellant's claim for basic eligibility to nonservice-connected death pension benefits due to a lack of requisite service by the service member.

The Board denied the veteran's claim for recognition of J.L.C. as his dependent child for VA benefit purposes due to lack of evidence that she is an adopted child.

The veteran seeks compensation benefits under the provisions of 38 U.S.C.A. § 1151 for vestibulopathy allegedly caused by intravenous gentamicin treatment in 1991. The Board finds new and material evidence has been submitted to reopen his claim, but further review is needed to determine if VA personnel provided appropriate informed consent.

The Board found that the veteran's bilateral anterior shin splints have caused recurrent pain in his anterior tibias but no associated limitation of motion or other musculoskeletal abnormalities. The RO assigned a 10% rating for each shin splint, effective retroactively from September 2001.

The Board denied the veteran's appeal as VA is not responsible for repayment of Perkins Loans from the Department of Education, which he received while attending a program of training under Chapter 31 of Title 38, United States Code.

The veteran's cancer of the sinuses is not considered to be related to his military service, including exposure to Agent Orange.

The Board denied the veteran's request to reopen his claim for service connection for a back injury, finding that no new and material evidence had been submitted.

The Board denied service connection for residuals of an injury to the left eye, finding that there was no evidence linking these conditions to service.

The VA denied the veteran's claims for increased disability evaluations for her service-connected back disability, finding that the evidence did not support a rating in excess of 20 percent prior to September 23, 2002 and on or after September 26, 2003.

The November 1960 rating decision denied service connection for retinal degeneration, which was determined to be a congenital condition that did not worsen during service. The Board found no clear and unmistakable error in this decision.

The Board denied the appellant's claims of entitlement to service connection for the cause of the veteran's death and DEA benefits due to lack of new and material evidence.