Other conditions decisions — 2005

The VA denied the appellant's claim for educational assistance benefits to attend the Restoration Christian Church, and the RO found that his Notice of Disagreement was not filed timely. The case is remanded for further action.

The Board of Veterans' Appeals has decided that the veteran's claimed bilateral foot disorder is service-connected, with no specific rating assigned and without a specified effective date.

The Board has determined that the May 2000 denial of service connection for a lung disorder is final. As new and material evidence to reopen the claim has not been received, the criteria for reopening the claim are not met.

The Board denied the veteran's claim for service connection for right eye blindness, finding that new and material evidence had not been submitted to reopen his previously denied claim.

The Board has determined that the veteran does not have a current disability of contact irritation to the face, neck and eyes. The evidence does not support a finding that this condition had its onset during service or is related to any in-service disease or injury.

The Board finds that the veteran's ventral hernia is likely due to an error in judgment on the part of VA, and compensation benefits under 38 U.S.C.A. § 1151 are granted.

The Board denied the veteran's claim of service connection for sub-acute cutaneous lupus erythematosus, asserting it was related to herbicide exposure during his Vietnam service. The evidence did not show a link between the condition and service or presumed Agent Orange exposure.

The Board has determined that the veteran's varicose veins do not meet the criteria for a compensable rating, as they are manifested by mild superficial varicosities without symptoms such as edema or fatigue relieved by elevation.

The Board has ordered a remand due to the need for an additional VA dental examination and to attempt to locate missing medical records. The case will be reconsidered after these actions.

The veteran does not have current residuals of hemorrhagic fever and the Board finds that service connection for this condition is denied.

The Board found that the medical evidence did not contain a medical opinion linking the in-service complaints of severe abdominal cramping and abnormal bleeding to the need for a total abdominal hysterectomy and bilateral salpingo-oophorectomy. The veteran's primary argument was not supported by the available medical records.

The Board has remanded the case for further action at the RO level, including scheduling a hearing.

The Board has determined that the veteran's death was not caused by any service-connected disability, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board denied the veteran's request for waiver of recovery of an overpayment of non-service-connected VA pension benefits, finding that it would not be against equity and good conscience to recover the overpayment.

The Board denied the veteran's claim for service connection for bone deterioration of the jaw due to trauma in service, finding that there was no competent evidence of a dental condition due to a combat wound or other in-service trauma. The veteran was not granted compensation or VA outpatient treatment.

The Board has determined that the veteran's skin condition is not related to his military service or exposure to herbicide agents, and thus denied his claim for service connection.

The VA determined that the veteran's service-connected left inguinal hernia does not meet the criteria for a higher disability rating, as it is reducible and capable of being well supported by a truss. The current medical evidence shows no indication that surgery would be necessary or contraindicated.

The Board denied the veteran's claims for an increased rating for his service-connected chronic neck strain and a higher effective date for service connection of chronic pain syndrome. The veteran is seeking earlier effective dates.

The Board has remanded the case for additional development due to incomplete information and a need for an RO hearing. The propriety of terminating death pension benefits effective February 1, 1997, and whether an overpayment was properly created are issues on appeal.

The Board has determined that new and material evidence has not been received to reopen the claim seeking service connection for dementia due to head trauma.