Other conditions decisions — 2005

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the legal definition of a surviving spouse due to her divorce from the veteran and lack of subsequent remarriage.

The veteran's annual income exceeds the maximum pension rate for a single veteran with three minor children, resulting in denial of his claim for nonservice-connected disability pension.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence to support a relationship between his liver cancer and his period of active duty service.

The Board has determined that a VA examination is needed to determine the nature and etiology of the veteran's current left great toe disorder, which may be related to service. The case will be remanded for this purpose.

The veteran's claim for an initial rating in excess of 20 percent for thrombophlebitis/varicose veins is being remanded due to the need for additional development and examination.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for left facial nerve palsy resulting from a VA surgical treatment in July 2000. The case has been remanded to obtain additional medical opinions and evidence.

The Board denied the veteran's request for a waiver of her loan guaranty indebtedness, finding that recovery would not be against equity and good conscience due to her continued use of the property without making mortgage payments.

The Board found that the cause of the veteran's death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of death.

The appellant's spouse served in the New Philippine Scouts, which is not considered active military service for pension purposes. Therefore, the appellant does not meet the legal criteria for basic eligibility for VA nonservice-connected death pension benefits.

The Board has remanded the case due to discrepancies in verifying the veteran's service and obtaining his service medical records. The appeal is not ready for adjudication until these issues are resolved.

The VA Medical Center denied the veteran's request for payment or reimbursement of unauthorized medical expenses incurred at Palmetto Baptist Medical Center from January 3-7, 2002.

The appellant's service is found to be less than 90 days during a period of war, making him ineligible for nonservice-connected disability pension benefits.

The Board denied the veteran's claim for an effective date prior to July 18, 2002 for the grant of service connection for residuals of a right thumb injury as no formal or informal claim was submitted before that date.

The veteran's case is being remanded for further development and review of the claim, including consideration of a private medical opinion.

The Board denied the appellant's claim for service connection for an eye disorder, finding that his congenital cataract did not increase in severity during reserve service and there was no evidence of a direct link between the pre-existing condition and any current disability.

The Board denied the veteran's claim for nonservice-connected disability pension as his service did not qualify him under VA regulations.

The VA determined that the appellant did not meet basic eligibility requirements for non-service-connected disability pension due to a lack of service in the United States Army, and no new or material evidence was submitted to reopen his claim.

The veteran's claim for an increased rating for his service-connected multiple gunshot wounds of the right elbow area with radial nerve damage and a history of damage to Muscle Groups VII and VIII is being remanded due to the need for additional examinations and records.

The veteran's application for enrollment in the VA healthcare system was denied due to not having any service-connected disabilities and being assigned to priority group 8, which is ineligible under current regulations.

The Board denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $35,949 due to fault on the part of the veteran and lack of undue financial hardship.