Other conditions decisions — 2005

The Board denied the appellant's claims for service connection for the cause of her spouse's death, legal entitlement to accrued benefits, and legal entitlement to death pension due to lack of evidence linking the conditions to service.

The Board has determined that the appellant is entitled to an effective date of August 1, 2002 for the grant of an apportionment of the veteran's benefits. The earlier effective date does not affect the payment date.

The Board has been notified of the appellant's withdrawal of his appeal, and thus the case is dismissed.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that there was no medical evidence linking polycythemia vera to his period of active service.

The VA granted service connection for an umbilical hernia and a scar, residual of hernia surgery. However, the veteran's claim was denied as his conditions did not warrant higher disability ratings.

The Board found that the overpayment of $781.00 was validly created and there was no showing of fraud, misrepresentation or bad faith on the part of the veteran in its creation. The decision also noted that recovery would not be against equity and good conscience due to fault on both sides (the veteran's failure to report changes in his dependents' status and VA's continued payment).

The Board denied the appellant's claim for service connection for the cause of death due to lack of evidence linking the veteran's fatal cardiovascular condition to his military service or any service-connected disabilities.,The appellant also sought Dependents' Educational Assistance, but was denied as she did not meet the eligibility criteria based on her husband's service-connected disability status.

The Board denied the veteran's claim for an initial disability evaluation in excess of 10 percent for chronic atrial fibrillation, finding that his condition did not meet or nearly approximate the criteria for a higher rating under Diagnostic Code 7011.

The case is being remanded to the RO for scheduling a hearing before the Board at the RO, as requested by the appellant. The appellant desires a hearing and needs to be notified of the date and time.

The veteran's unauthorized medical expenses incurred at a private hospital on July 28, 2001 for pneumonia were approved due to the severity of his symptoms and the unavailability of VA facilities within a reasonable distance.

The Board denied service connection for TMJ syndrome and stomach disorder, finding that the veteran's current conditions are not linked to his military service or any service-connected disabilities.

The Board found that new and material evidence had not been received to reopen a claim of service connection for anaplastic lymphoma, including as secondary to herbicide exposure. The veteran's appeal was denied.

The Board found that the veteran's cause of death, Acute Myelogenous Leukemia (AML), was not caused or contributed to by service connection. The evidence did not show a link between AML and exposure to herbicides or non-ionizing radiation.

The Board denied the claim, finding that the veteran's child does not have a form and manifestation of spina bifida.

The Board has determined that the veteran's current low back disability is not related to his active military service and has denied his claim for service connection.

The Board found that the veteran does not have a gastrointestinal disability attributable to his military service or any service-connected condition.

The veteran's appeal is being remanded due to the need for a VA neurological examination to assess his hip sprain conditions.

The Board has determined that the veteran's shrapnel wound to the right leg did not occur during active service and therefore denied his claim for service connection.

The Board has determined that the veteran's low back disorder is not related to service and denied his claim for service connection.

The Board found no current disability from residuals of a fracture of the left index finger and denied service connection for this condition.