Other conditions decisions — 2005

The Board has determined that the veteran's lung disorder and bilateral leg disorder were not incurred in or aggravated during active service, and thus denied these claims.

The Board found that the veteran's October 1995 cerebral vascular accident was caused by the natural progression of his arterial occlusive vascular disease and not due to VA treatment, resulting in a denial of compensation under 38 U.S.C.A. § 1151.

The appellant is not entitled to accrued benefits because there was no pending claim for VA benefits at the time of her husband's death.

The Board found no medical evidence linking the veteran's current psychiatric disorder to his in-service mental health problems, thus denying service connection.

The VA granted service connection for a herniated disc at L4-5 with degenerative changes L1 through S1 and assigned an initial evaluation of 20 percent effective May 3, 2000. The veteran's claim was later increased to 40 percent in July 2003.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination.

The veteran's cholecystectomy and laparotomy, residuals of liver amoebic abscess, are currently rated at 30 percent disabling. The RO has granted a higher rating for this condition effective January 4, 2002.

The Board granted a 20 percent evaluation for residuals of cold injury to the bilateral hands, effective January 18, 2002. The veteran's claim was not reopened due to lack of new and material evidence.

The veteran's claim seeking an earlier effective date for non-service connected pension was denied as there is no basis in the law or regulations for such a request.

The Board denied the appellant's claim of entitlement to VA death benefits as she is not recognized as the veteran's surviving spouse.

The veteran's appeal for an earlier effective date for the grant of service connection for defective hearing in both ears, based on CUE existing in a July 1984 rating decision of the RO, which denied service connection for defective hearing, has been dismissed due to his death.

The Board has remanded the case due to insufficient evidence regarding stressor events, and additional development is needed before a decision can be made on the veteran's claim for service connection of PTSD.

The Board denied the appellant's claim for tuition assistance top-up benefits for courses POS 355, POS 370, POS 400, and POS 405 taken between April 18, 2002 and September 5, 2002 due to the courses ending prior to one year before the date of claim.

The veteran's unauthorized medical treatment for a stroke was denied reimbursement under VA's provisions due to his having health-plan coverage.

The veteran's spouse is seeking Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. However, the appellant's claim was denied because her application for DEA benefits was received after the expiration of the applicable eligibility period.

The Board denied the veteran's claims for an earlier effective date for special monthly pension at the housebound rate and increased ratings for conjunctivitis and pterygium, finding that he did not meet the criteria for these benefits prior to May 6, 1991.

The veteran's service-connected gunshot wounds have been rated at the maximum available disability ratings for over 20 years and are protected from reduction. The claims for increased evaluations remain denied.

The Board has determined that the appellant did not have qualifying service in the Philippine Commonwealth Army, including recognized guerrillas, and thus does not meet the requirements for VA pension benefits.

The Board found that the veteran's additional left lower extremity disability was not incurred as a result of VA carelessness, negligence, or similar fault. The evidence showed the veteran consented to the treatment and the disability was within the known risks of lumbar surgery.

The veteran's monthly expenses exceed his income, causing financial hardship. The appellant is not entitled to an increased apportionment of the veteran's VA compensation benefits on behalf of their two minor children.