Other conditions decisions — 2005

The Board denied the appellant's claim for DIC benefits, finding that there was no competent evidence establishing a nexus between the cause of the veteran's death and service or showing that his service-connected disabilities substantially or materially contributed to the cause of his death.

The veteran's private physician suggested a possible connection between the chronic bowel disorder and mandatory deworming in service. The case is being remanded for further examination to determine if this connection exists.

The Board found that the overpayment was properly created due to a reduction in compensation benefits for the veteran's daughter who started receiving Chapter 35 educational benefits, and denied recovery of the debt as it would be contrary to equity and good conscience.

The Board has determined that the current rating for fibrositis with migratory arthralgia is not appropriate and has ordered further development, including a new examination to assess the severity of the condition.

The Board denied the veteran's claims for increased ratings for residuals of a fractured D6-7 and left clavicle fracture, finding that there was no evidence of nonunion or malunion in either condition. The preponderance of the evidence did not support a compensable rating.

The veteran's claim for an earlier effective date for service connection was denied as there is no document of record dated prior to January 29, 2002 that can be construed as an informal claim.

The Board has granted a partial waiver of recovery for the overpayment of improved pension benefits, reducing it from $19,627 to $9,525.50 due to hardship and other factors.

The veteran's claim of service connection for Reiter's syndrome was denied in August 1997, and he did not appeal this decision within the required timeframe. The RO granted service connection for Reiter's syndrome in May 2002 with an effective date of March 2, 2001, based on his request to reopen the claim.

The veteran's death occurred on October [redacted], 2001. The RO granted the appellant's claim for Dependency and Indemnity Compensation (DIC) benefits after determining that a July 1992 rating decision contained clear and unmistakable error (CUE). The effective date was changed from November 12, 1991 to March 29, 1991. The current issue is whether the appellant is entitled to accrued benefits for this period.

The Board finds that the veteran's post-operative infection was not caused by VA negligence or fault, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claims of entitlement to service connection for dizziness, shortness of breath, and a cardiovascular disorder. The RO found that these conditions were not related to military service.

The Board has determined that the veteran's impotence, which is secondary to his service-connected prostatic cancer, does not meet the criteria for a compensable evaluation under Diagnostic Code 7522.

The VA Regional Office has denied the veteran's claim for service connection for a dental disorder, claimed as gum/bone disease resulting in loss of teeth. The case is being remanded to provide proper VCAA notice and additional development.

The Board found that the cause of death, cardio-pulmonary arrest due to CVA hemorrhage, was not related to service and denied the claim for service connection.

The veteran's service-connected disability involving residuals of a laminectomy at C6 and T2 for removal of a benign tumor precludes all forms of substantially gainful employment consistent with his educational background and occupational experience, thus meeting the criteria for a total disability rating based on individual unemployability.

The Board has determined that the appellant does not have qualifying service in the U.S. Armed Forces and therefore is not considered a 'veteran' for purposes of receiving VA benefits.

The veteran died during the appeal process, making it impossible to adjudicate the merits of his claim for service connection for cause of death.

The Board has remanded the case to the RO for further development and review of the evidence in the first instance.

The VA has determined that the veteran's cystitis and prostatitis disability, currently rated at 20 percent, does not warrant a higher evaluation.

The Board denied the veteran's claim for service connection for a left hip disability and found that there was no clear and unmistakable error in the June 1995 rating decision assigning 10 percent ratings for bone spurs of each foot. The veteran's current left hip bursitis is not considered to be related to his military service.