Other conditions decisions — 2005

The veteran's service-connected fracture of the left tibia is currently rated as 20 percent disabling, but the Board finds that this rating does not meet the criteria for a higher evaluation under VA rating criteria.

The veteran's eligibility for educational assistance benefits under Chapter 1606, Title 10, United States Code expired on May 1, 1985. The Board found that the veteran did not meet the criteria to extend his delimiting date due to a lack of physical or mental disability preventing him from initiating or completing education within the applicable time period.

The Board found no evidence of a cold injury to the veteran's feet in service and concluded that his current foot disorders are not related to his military service.

The Board finds that the veteran initiated an appeal with the RO's September 1997 decision, which stopped his Chapter 30 educational benefits. As a result, the appeal is granted.

The VA denied a compensable rating for service-connected multiple warts of the hands, fingers, forearms, neck and eyelid as there is no medical evidence showing any findings associated with these conditions that would support a compensable evaluation under applicable diagnostic codes.

The Board found that the veteran's death was not caused by a service-connected condition, and denied both claims for service connection and Dependents' Educational Assistance.

The Board denied the appellant's claim for restoration of her VA benefits due to fraud, finding that she knowingly provided false evidence.

The Board has determined that the veteran's right eye blindness is proximately due to or the result of radiation therapy for his service-connected lymphoepithelioma.

The Board has determined that the veteran's condition was not an emergency, and VA facilities were feasibly available. However, due to the nature of his congestive heart failure and shortness of breath, a prudent layperson would have reasonably viewed his visit as an emergency. Therefore, payment or reimbursement for the unauthorized medical treatment is granted.

The Board has denied the veteran's claim of service connection for a lung condition, to include residuals of bronchial pneumonia, finding that his current lung condition is not related to an in-service disease or injury.

The Board has remanded the case due to insufficient evidence regarding the onset of the veteran's cancer of the right breast and whether it is related to her service, specifically her periods of active duty for training (ACDUTRA) in the U.S. Naval Reserve.

The Board denied service connection for a 'nervous condition' claimed as hysteria, organic brain syndrome, and convulsive disorder in July 1997. The veteran's attempt to reopen the claim was unsuccessful.

The Board has granted service connection for schizoaffective disorder, finding that new and material evidence has been received to reopen the claim.

The veteran's request for a waiver of an overpayment of $192.26 in compensation benefits was denied by the Committee on Waivers and Compromises due to fault being solely on VA, but also considering factors such as undue hardship and unjust enrichment.

The Board has remanded the case due to inconsistencies in the veteran's reported service dates and stressor events. The RO is instructed to verify the stressors using available sources, including contacting USASCRUR, and schedule a VA psychiatric examination if any verified stressors are found.

The Board has remanded the case due to incomplete service medical records and the need for additional VA examinations.

The Board finds that the service-connected duodenal ulcer with chronic gastritis contributed substantially or materially to the veteran's death, and grants service connection for the cause of his death.

The Board has determined that the appellant's income, after excluding funeral expenses and unreimbursed medical expenses, is less than the maximum allowable for improved death pension benefits. Therefore, she is legally entitled to these benefits.

The Board denied the veteran's claim to reopen his pension award and assigned an effective date of February 11, 1987. The veteran has also raised a motion to revise the May 1989 decision on grounds of CUE, but this is separate from the current reopening claim.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death, finding new and material evidence. The appellant's husband died from metastatic squamous cell carcinoma, which is a presumptive residual disease due to exposure to chemical herbicides, including Agent Orange.