Other conditions decisions — 2005

The Board has remanded the case for additional development of evidence, including obtaining a copy of the radiologist's report of the February 4, 1969, X-ray study of the veteran's cervical spine.

The Board has determined that the appellant's claim for recognition as the surviving spouse of a veteran was previously denied and no new and material evidence has been presented to reopen the claim.

The appellant's claim for basic eligibility for VA non-service-connected death pension benefits is denied due to the decedent not meeting the requirements of having recognized service.

The appellant's claim for accrued benefits is denied as he is not within the category of eligible persons who are entitled to payment of any accrued benefits that may have been due but were not paid to the veteran at the time of his death.

The Board denied the veteran's request to reopen his claims of service connection for cholecystitis and diverticulitis, as no new or material evidence was submitted since the last final denial in November 1998.

The Board has determined that the veteran's right true vocal cord paralysis is a result of the cervical surgery performed at a VA facility in December 1997, which was reasonably foreseeable and caused by the care provided. As such, the claim for compensation under 38 U.S.C.A. § 1151 is granted.

The Board determined that the appellant is not entitled to recognition as the veteran's surviving spouse for VA purposes due to legal issues regarding her previous marriages and divorces.

The Board denied the veteran's claim for service connection for a gastrointestinal condition, finding that there was no evidence of an ulcer or other disease during his active service and concluding that any post-service problems were unrelated to his in-service symptoms.

The Board has determined that the veteran does not have residuals of a broken nose that are related to service, and therefore denied his claim for service connection.

The Board has determined that the veteran does not have a current disability attributable to meningitis, which he claims was incurred during service. The service medical records do not show any findings or treatment for meningitis in service.

The Board has remanded the case for additional development, including obtaining an opinion from a VA physician regarding the etiology of the veteran's thoracic spine disability.

The Board has denied the veteran's claim for service connection for macroadenoma of the pituitary, finding no competent evidence linking this condition to his military service.

The veteran's waiver request for an overpayment of nonservice-connected pension benefits was denied due to bad faith in creating the overpayment.

The veteran's claim for financial assistance in acquiring an automobile or other conveyance and necessary adaptive equipment is denied as the only service-connected disability, a right forearm burn, does not meet the eligibility criteria.

The Board found that the September 1971 rating decision, which reduced the veteran's total disability rating based upon individual unemployability (TDIU) to a combined schedular evaluation of 90 percent, was not the product of clear and unmistakable error.

The Board has granted a rating of 20 percent for the veteran's chronic prostatitis, which is more than the current 10 percent assigned. The veteran's symptoms include frequent infections, difficulty voiding, reduced urine stream, and needing to urinate 2-4 times per night.

The veteran died from metastatic renal cell carcinoma and was not service-connected for any disability at the time of his death. Therefore, he is ineligible for VA burial benefits.

The Board has determined that the veteran does not meet the eligibility requirements for educational assistance under either Chapter 1606 of Title 10, United States Code or Chapter 30 of Title 38, United States Code.

The Board dismissed the appeal because the veteran died during the pendency of the appeal.

The Board previously denied the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred between July 6, 2000, and July 9, 2000. The case is being remanded to allow for additional development regarding whether VA facilities were feasibly available and if the treatment received was in an ongoing emergency.