Other conditions decisions — 2005

The Board denied the veteran's claims for service connection for a bilateral foot disability and an increased evaluation for blindness of the left eye, finding no evidence to support these claims.

The veteran's recognized guerilla service from April 10, 1945 to January 23, 1946 is not considered active military service for the purpose of establishing entitlement to nonservice-connected disability pension. Therefore, the veteran does not meet the criteria for eligibility for such benefits.

The veteran's appeal has been withdrawn, and the claims are dismissed.

The Board denied the veteran's request for a waiver of overpayments of VA pension benefits, finding that recovery would not be against equity and good conscience.

The appellant's service is not verified, and thus he does not meet the basic eligibility requirements for VA benefits.

The Board finds that the currently demonstrated right hip arthritis is shown as likely as not to be due to a disease process that developed while the veteran was on active duty, and grants service connection for arthritis of the right hip.

The Board has determined that the veteran's genitourinary disorder and residuals of a back injury with arthritis are service-connected, based on evidence linking these conditions to his military service.

The Board has granted the claim of service connection for conjunctivitis, finding that it was incurred in service.

The Board has remanded the case due to the need for additional development, including obtaining an X-ray examination of the veteran's right hand and requesting a medical opinion regarding whether his current disability is related to service.

The Board denied the veteran's claims for service connection for arthritis and residuals of a left leg injury, finding no evidence to support these claims. The veteran was also denied eligibility for non-service-connected pension benefits due to insufficient active duty service.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran prior to his death.

The veteran's claim for an increased rating for dementia is being remanded to the RO for additional development and consideration of new evidence.

The veteran's appeal is being remanded due to the need for clarification regarding her preferred hearing location and whether she wishes a representative at the hearing. The case will be returned to the RO after this information is obtained.

The veteran's death was not service-connected, and the appellant is not eligible for VA death pension benefits due to remarriage after his death.

The veteran's service-connected chronic lower back pain with loss of motion, status post L3-4 posterior spinal fusion is rated at 40 percent effective the day after service.

The Board denied the appellant's claim because his service did not establish him as a veteran for VA purposes.

The veteran's small intestine resection caused by service-connected non-Hodgkin's lymphoma is currently rated at 20 percent from August 11, 2003 to the present.,For the period from January 29, 2003 to August 10, 2003, the veteran was granted a 20 percent rating for post-operative residuals of small intestine resection.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's application for enrollment in the VA healthcare system was denied due to his status as a nonservice-connected veteran and not being enrolled prior to January 17, 2003.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a total laryngectomy, left modified radical neck dissection and right modified radical neck dissection performed on June 18, 1999, as there was no evidence that the surgery resulted in additional disability due to carelessness, negligence, lack of proper skill, error in judgment or similar fault on the part of VA.