Other conditions decisions — 2005

The Board has determined that an overpayment of $740.67 in Chapter 35 educational benefits was properly created and assessed against the appellant for the period from November 6 through December 31, 1993, when he was not attending his courses.

The veteran's service-connected retained metallic shrapnel of the left aspect of the prostate gland is not productive of voiding dysfunction or urinary tract infections, and thus does not warrant an initial rating in excess of 0 percent from November 12, 1999 to the present.

The veteran's application for enrollment in, and access to, VA medical care benefits was denied as he did not meet the eligibility criteria due to being placed in Priority Group 8 by the Secretary of Veterans Affairs.

The Board denied compensation under 38 U.S.C. § 1151 for the veteran's neck injury and residual paralysis to the hands, as no unforeseen additional disability was shown by the evidence of record.

The Board has denied the veteran's claims for increased evaluations for his left and right inguinal hernias, finding that there is no indication of recurrence or functional impairment.

The Board found that the cause of death was pneumonia due to ALS, which is not service-connected. The veteran's death did not meet the criteria for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C.A., Chapter 35.

The Board denied the veteran's claim for service connection for acute and subacute peripheral neuropathy, but remanded the case to determine if he has a current neurological condition related to his military service.

The Board determined that the appellant is not eligible for VA death pension benefits due to her spouse's service not qualifying as active military service.

The veteran requested an earlier effective date for the grant of service connection for chronic conjunctivitis, which was granted on June 17, 1993.,The veteran also requested an earlier effective date for a 100 percent disability rating for blindness, which is pending.

The veteran's service-connected intervertebral disc syndrome is not shown to meet the criteria for a rating in excess of 40 percent, as it does not demonstrate persistent symptoms compatible with sciatic neuropathy or incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Board has determined that the veteran's service-connected residuals of removal of basal cell carcinoma of the chest do not meet the criteria for a compensable disability rating as there is no evidence of poor nourishment, ulceration, tenderness or pain on objective demonstration, limitation of motion or function of the affected part, instability, or pain.

The veteran's claim for a nonservice-connected disability pension was denied as he did not serve during a recognized period of war, making him ineligible under VA regulations.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding no new and material evidence. The cause of death listed on the veteran's death certificate was not related to his service-connected disabilities.

The Board denied the veteran's claims for increased ratings and an earlier effective date for his service-connected residuals of a compound depressed frontal skull fracture.

The veteran has withdrawn his appeal regarding the reduction of payment of compensation benefits due to incarceration for a felony. The Board has no further jurisdiction in this case.

The Board has remanded the case for further development and review.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board found no evidence of a respiratory disability and denied the veteran's claim for service connection.

The Board has determined that the veteran's claims for benefits under 38 U.S.C.A. § 1151 for injury to his voice box and loss of his sternum were denied due to a lack of evidence showing negligence or fault on the part of VA in providing care, treatment, or examination.

The Board has remanded the case to the RO for further development, including obtaining medical opinions regarding whether the veteran has an undiagnosed illness manifested by joint and muscle pain, fatigue, dizziness, decreased vision, memory loss and loss of concentration.