Other conditions decisions — 2005

The Board denied an earlier effective date for DIC benefits due to the lack of evidence showing entitlement prior to March 27, 1996.

The Board determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces and therefore denied his claim for basic eligibility to VA benefits.

The Board denied the appellant's application to reopen her claim for VA death pension due to lack of new and material evidence, as the service department did not provide any legal evidence necessary to establish valid service for the appellant's spouse.

The veteran's request for waiver of recovery of an overpayment of $8,897 in VA compensation benefits was denied by the Board. The decision states that while fault lies with VA, recovery would not be against equity and good conscience.

The Board has granted a 30% disability rating for the veteran's service-connected right eye disability, effective June 30, 2003.

The veteran's request for waiver of recovery of the $7250 overpayment of VA pension benefits was not timely filed, and his request is denied.

The veteran's appeal is being remanded for additional development due to uncertainty regarding his period of service during the Persian Gulf War.

The Board has determined that the attorney fees stipulated in a December 4, 1996 agreement are unreasonable and awarded $5,421.01 to the attorney. The Court vacated this decision and remanded it for further review. Since the Court said the eligibility question cannot be decided independently of the reasonableness determination, and since the Board does not have jurisdiction over the eligibility question, the matter is dismissed.

The veteran's application for enrollment in the VA medical healthcare system was denied due to his not meeting the eligibility criteria based on his income and lack of service-connected disabilities.

The Board found that the veteran does not suffer from residuals of head trauma involving memory loss and an inability to read/write as a result of service.

The Board has remanded the case for a VA cardiology examination to determine if the veteran's current heart disability is related to a surgical procedure performed at a VA medical center and whether there was negligence, carelessness, lack of proper skill, error in judgment or similar instances of fault by VA personnel during the December 5, 2001 surgery.

The Board has remanded the case for further development, including a new VA psychiatric examination and an opinion on whether the veteran's service-connected PTSD alone results in unemployability.

The Board dismissed the appeal for malaria due to lack of a timely substantive appeal. The claim for reopening peptic ulcer disease was denied as no new and material evidence was submitted.

The Board has determined that the veteran's left foot disability warrants a 30 percent evaluation, effective from July 10, 2001.

The veteran's claim for an increased evaluation of his hallux valgus of the right great toe with degenerative changes of the MTPJ was denied. The RO found that the current evaluation (10%) adequately reflects the severity of the disability.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to a lack of qualifying service, as the veteran's service was not considered active military, naval or air service.

The Board has granted an additional ten percent (10%) disability evaluation for the veteran's service-connected residuals of gunshot wound to the right leg, Muscle Group XII, based on moderate injury to the musculocutaneous nerve. The maximum schedular rating is in effect.

The VA has determined that the veteran's right hip and thigh disability, characterized by arthritis, does not warrant a rating in excess of 10 percent.

The veteran died of liver cancer with metastasis. The Board found that he was not in receipt of or entitled to receive compensation for service-connected disability at the time of his death, and therefore denied DIC benefits under 38 U.S.C.A. § 1318.

The Board found no evidence of a current thoracic spine disability that is related to service, and denied the veteran's claim for service connection.