Other conditions decisions — 2005

The Board has determined that the appellant is not eligible for VA benefits due to a lack of acceptable service department verification.

The veteran's widow requested special monthly pension benefits based on the need for aid and attendance, but her claim was denied as he had been receiving section 306 pension benefits prior to his death.

The veteran died of non-service-connected causes and was not in receipt of VA compensation or pension benefits at the time of his death. Therefore, he is not eligible for VA burial and plot or interment allowances.

The Board found that the veteran does not have a lung disability incurred in service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for residuals of a wound, laceration, left forehead; an ulcer; and a pulmonary disorder. The evidence did not show that any of these conditions had their onset during active service or were related to military service.

The veteran's daughter, the appellant, is not entitled to Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because her eligibility for educational assistance expired prior to her application due to her age and the effective date of her father's permanent and total disability rating.

The Board has determined that recovery of the overpayment of nonservice-connected pension benefits in the amount of $1,842.00 is granted due to the need for equity and good conscience.

The veteran did not have any qualifying wartime service, so the appellant does not meet the basic eligibility requirements for VA nonservice-connected death pension benefits.

The Board denied an increased rating for the veteran's L4-5 articular facet dysfunction, finding that it did not meet the criteria for a higher evaluation.

The veteran has withdrawn his appeal, effectively dismissing the case.

The Board denied the veteran's request for an increased disability rating for tinnitus, currently rated at 10 percent. The decision is based on a finding of bad faith in not reporting income changes to VA.

The veteran's service connection claim for a right hip injury was denied. His diabetes mellitus was granted with an initial evaluation of 20%. The compensable evaluation for onychomycosis was denied, and the hearing loss from September 1997 to December 10, 2002, and after that period, was also denied. Tinnitus claim was denied.

The veteran's service-connected right eye disability does not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience. Therefore, the criteria for a total rating based on individual unemployability due to service-connected disability have not been met.

The Board denied the veteran's claim for a higher rating of 40 percent for his prostatitis, and confirmed the existing 40 percent rating.

The veteran's VA disability compensation is denied as it is subject to recoupment of the net amount of readjustment pay paid at separation from service.

The Board denied the veteran's claims for service connection for body aches, fatigue, memory loss, hair loss, and cold sweats as chronic disabilities of an undiagnosed illness due to his service in the Southwest Asia theater during the Gulf War. The evidence did not support these claims.

The Board denied the veteran's claim of service connection for venous insufficiency with vasospasm, finding that new and material evidence had not been submitted.

The case is being remanded for additional development due to a request from the parties involved in the appeal.

The veteran's service-connected eye disability is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board found that the veteran's spondylolisthesis with bilateral pars defect and degenerative joint disease of the spine are not proximately due to, caused by, or aggravated by his service-connected knee disabilities.