Other conditions decisions — 2005

The Board has determined that additional development is needed, including obtaining VA treatment records and providing the veteran with proper notice under the VCAA. The case will be remanded for these actions.

The veteran's service was not deemed to have been active military, naval or air service for the purpose of granting nonservice-connected death pension benefits. The appellant's claims for accrued benefits and VA death pension were denied due to lack of legal merit.

The Board has reopened the veteran's claim for service connection for chronic diarrhea due to an undiagnosed illness and granted it, finding that there is a balance of evidence in favor of the veteran having this condition as a manifestation of an unknown cause.

The Board found that the veteran's receipt of insurance and annuity disbursement was properly counted as income for purposes of determining his entitlement to VA improved disability pension benefits, thus denying the appeal.

The Board dismissed the appeal because the appellant requested to withdraw her appeal before a decision was made.

The VA denied vocational rehabilitation training benefits under Chapter 31 of Title 38. The case is being remanded to the St. Petersburg RO for scheduling a Travel Board hearing.

The Board has determined that there is no current medical evidence of any residuals of a tropical disease, including catarrhal fever. Therefore, the claim for service connection for residuals of a tropical fever is denied.

The Board finds that the veteran's current eye problems, including irritation and corneal abrasions of the right eye, are etiologically linked to service and aggravated by his service-connected obstructive sleep apnea. The condition was initially diagnosed in service as uveitis but has not recurred.

The veteran's claims for increased ratings of his service-connected right and left knee disabilities, as well as his claim for service connection for arthritis of the back, arms, and feet (claimed as secondary to his service-connected knees), were denied. The RO found no evidence of current arthritis in these areas due to disease or injury incurred in or aggravated by service.

The veteran is requesting reimbursement for unauthorized medical expenses incurred from May 16, 2003 to May 22, 2003 at St. Luke's Regional Medical Center under the Veterans Millennium Health Care and Benefits Act. The case must be remanded due to the need for a videoconference hearing.

The Board has determined that the veteran's right hip bursitis is not proximately due to or a consequence of her service-connected left foot/ankle disability.

The Board denied the veteran's claims for service connection for the residuals of a gunshot wound of the right lung and an increased rating for his service-connected residuals of a gunshot wound of the dorsal spine, Muscle Group XX. The evidence did not establish that the veteran had any lung injury as a result of the gunshot wound to his dorsal spine.

The Board has ordered additional development due to inadequate medical examination and remand instructions not being followed. The veteran's left lower extremity disability and low back strain evaluation are under review.

The VA determined that the appellant's income exceeded the maximum rate for improved death pension, thus denying her claim.

The Board found that the veteran's respiratory disability was not incurred in or aggravated by active service and denied his claim.

The veteran withdrew his appeal, leaving no justiciable case or controversy for the Board to consider.

The Board has denied the veteran's claim for service connection for a left thigh disability as secondary to his service-connected shrapnel fragment wound residuals of the left knee, concluding that there is no evidence linking the current condition to his military service.

The Board denied the veteran's request for waiver of overpayment of education benefits due to it not being timely filed within the required 180-day period after notice of indebtedness.

The Board denied increased ratings for bilateral retropatellar syndrome, finding that the veteran's knee conditions do not meet criteria for a higher rating based on limitation of motion or arthritis.

The veteran's appeal is remanded due to inadequate examination report and the need for additional development of his claim.