Other conditions decisions — 2005

The Board found that the veteran did not file a claim to add his spouse as a dependent prior to December 15, 2000, and thus denied the earlier effective date for payment of additional benefits for a dependent spouse.

The Board denied the veteran's claims for service connection for varicose veins of the right leg and a nervous disorder (claimed as explosive jumping), finding that new evidence did not warrant reopening the claim, and there was no clear and unmistakable error in a previous denial.

The veteran's claims for service connection and increased ratings have been granted, effective from April 29, 1987. Effective dates for other claims are established.

The veteran was entitled to additional compensation for a dependent spouse and child from February 1, 1993, through January 31, 1995. However, he only received the amount due a single veteran without dependents. The Board has determined that this amount must be paid to the survivor as specified in VA regulations.

The Board has determined that the veteran's right Achilles tendon repair residuals warrant a 20 percent rating, effective from the date of claim.

The RO denied the reopening of the previously denied claim of entitlement to service connection for a bilateral foot condition.

The veteran's request for waiver of recovery of an overpayment of improved disability pension benefits was not timely filed, and the appeal is denied.

The Board denied the veteran's claims for increased ratings for her tibial stress fractures, finding that she did not meet the criteria for a higher rating based on functional impairment or other service connection theory.

The Board found that the veteran's shingles is not related to her active service and denied her claim for service connection.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The veteran did not have a pending claim for accrued benefits at the time of his death, and therefore no accrued benefits are due.

The Board has determined that the veteran's duodenal ulcer does not warrant an evaluation in excess of 20 percent, as his symptoms do not meet the criteria for a higher rating under Diagnostic Code 7305.

The Board denied the veteran's request for payment or reimbursement of private medical expenses incurred at Lexington Medical Center from February 4, 2002 to February 6, 2002, finding that as of February 4, 2002, the veteran could have been safely transferred to a VA facility.

The RO increased the evaluation for left eye defective vision from 20% to 30%, effective October 22, 2002. The veteran's appeal is now remanded due to new evidence and VCAA compliance issues.

The veteran's compensation benefits were reduced due to his incarceration for a felony conviction. The overpayment was waived because the reduction in benefits would cause undue hardship for the veteran's spouse, and recovery of the overpayment would defeat the purpose of paying benefits by nullifying the objective for which the benefits were intended.

The Board denied the veteran's claims for an increased rating for his duodenal ulcer and service connection for arthritis, finding that the evidence did not support a higher rating or secondary service connection.

The case is being remanded to schedule a hearing before the Board at the RO. The veteran's death cause and eligibility for Dependents' Educational Assistance are still under review.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's claims for service connection for dysthymia, joint pain and cramps in hands and legs, and hair loss due to undiagnosed illness. The Board found that these conditions were not incurred or aggravated by active service.

The veteran's HIV infection is currently rated at 10 percent, the maximum non-compensable rating due to lack of symptoms and stable condition.