Other conditions decisions — 2005

The Board found no evidence to support a relationship between the veteran's thoracic spine disorder and his service-connected low back strain, thus denying service connection for the thoracic spine disorder.

The veteran's claim for a compensable evaluation for his service-connected postoperative nasal fracture is being remanded due to incomplete development and the need for additional VA examination.

The veteran's claim for aid and attendance was received on February 3, 1999. The evidence demonstrated that he required regular aid and attendance due to his service-connected blindness. Therefore, the effective date of the award is set at February 3, 1999.

The case is being remanded for further development to determine if the veteran was providing support to his spouse and whether a divorce decree exists. The appellant's claim of entitlement to an apportionment of the veteran's VA disability compensation benefits will be reconsidered.

The veteran's death in August 2000 occurred before the VCAA was enacted, and his son filed a claim for accrued benefits. The RO continued the veteran's nonservice-connected pension and special monthly pension based on need for aid and attendance. As there were no pending claims at the time of the veteran's death, the appellant's claim for accrued benefits is denied.

The veteran's death was not caused by VA carelessness, negligence, or lack of proper skill during his hospitalization at the Providence VA medical center from February to March 2002. The Board found no evidence that the event leading to his death was not reasonably foreseeable.

The Board has remanded the case for further development due to new medical evidence submitted by the appellant.

The veteran's skin conditions, including cancer and chloracne, were not incurred or aggravated by his military service, including exposure to herbicides in Vietnam. The Board found no evidence linking these conditions to his time in service.

The Board has determined that the veteran's adjustment disorder with depressed mood was not incurred or aggravated by his active duty service and therefore denied his claim for service connection.

The Board has determined that the appellant did not file a timely substantive appeal regarding her claim of entitlement to service connection for the cause of the veteran's death, and therefore dismissed the case.

The veteran's request for an extension beyond the 48 months of eligibility was denied because he has already been rehabilitated to the point of employability and no further training is necessary.

The veteran's application for enrollment in the VA health care system was denied due to his placement in Priority Group 8, which precludes him from eligibility. The claim is denied as there are no legal grounds for granting the benefit.

The veteran's request for a waiver of overpayment of pension benefits was denied as untimely filed.

The VAMC denied the veteran's enrollment in the VA healthcare system due to his being in Priority Group 8, and the case is remanded for further development.

The Board found that the veteran did not meet the legal criteria for recognition as a former prisoner of war for VA purposes.

The Board has granted an effective date of June 11, 1993 for VA disability compensation under 38 U.S.C.A. § 1151 based on the filing of a claim for benefits under that section prior to October 13, 2000.

The Board has determined that the veteran's macular degeneration of the right eye with hole formation and decreased visual acuity is not etiologically related to service, specifically a facial injury in December 1943. Therefore, service connection for this condition cannot be granted.

The Board denied the veteran's claims for service connection for a mandible disorder and entitlement to an increased rating for his right eye disability. The VA has fulfilled its duty to assist in developing evidence, but no additional relevant evidence was found.

The Board denied an increased rating for the veteran's service-connected anterior cruciate ligament tear of the left knee, finding that instability was no more than moderate and that degenerative joint disease warranted a separate 10% evaluation.

The Board denied the reopening of the claim for service connection for cellulitis, finding that new and material evidence had not been received. The veteran's previous denial was based on the isolated incident of cellulitis during service resolving with treatment.