Other conditions decisions — 2005

The appellant's claim for accrued benefits was filed more than one year after the veteran's death, and thus does not meet the legal criteria for such claims.

The veteran's overpayment of VA education benefits in the amount of $559.34 was not due to fraud, misrepresentation or bad faith and recovery would be against equity and good conscience.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability of the left eye from cataract surgery and/or eye drops, but his claim has been remanded due to the need for a VA eye examination.

The appellant's father did not have active military service for the purpose of establishing entitlement to VA pension benefits and therefore, the appellant is not entitled to non-service-connected death pension benefits.

The Board found that the veteran did not serve in Vietnam and thus could not be presumed to have been exposed to herbicide agents. The claim for service connection for cancer of the larynx with a total laryngectomy was denied as there is no evidence of exposure to herbicides or other events during service.

The Board denied the veteran's daughter's claim for payment of dependents' educational assistance (DEA) benefits under Chapter 35, Title 38, United States Code, prior to September 2, 2002. The decision stated that the appellant was not entitled to benefits before her claim was received on September 2, 2003.

The veteran is not entitled to retroactive payment of VA compensation at the 2002 monthly rate from August 1, 1997.

The Board denied the appellant's request for an apportionment of her husband's VA disability pension benefits, finding that it would cause undue hardship to him.

The Board found that the veteran's pre-existing dextroscoliosis disorder was aggravated by service, and granted service connection for it.

The veteran's claim for service connection for a fungal infection of both feet is being remanded due to the need for additional medical records and an examination.

The Board denied a rating in excess of 20 percent for gout of the left ankle, granted a 20 percent rating for gout of the left knee, and denied compensable ratings for gout of both great toes. The veteran's appeal was not about service connection but rather about the appropriate disability ratings.

The appeal is being remanded for further review due to the submission of new evidence not previously considered by the RO.

The Board denied the veteran's claim to reopen his service connection for a corneal abrasion of the left eye, finding that the additional evidence submitted was not new and material.

The Board denied service connection for ocular disorder, motion sickness, and chest pain due to lack of evidence linking these conditions to military service or an undiagnosed illness.

The Board has remanded the case for further development due to new evidence submitted by the veteran.

The veteran died of a ruptured aortic aneurysm and cardiac arrest. The Board found that his service-connected post-traumatic stress disorder did not contribute substantially or materially to his death, thus denying service connection for the cause of death. His eligibility for Dependents' Educational Assistance under Chapter 35 was also denied as he had no other service-connected disability rated as permanently and totally disabling.

The Board found new and material evidence to reopen the claim of service connection for a nervous condition, but concluded that there was no evidence linking the current mental disorder to service.

The Board has granted a 30 percent disability rating for the veteran's service-connected valvular heart disorder, including residuals from rheumatic fever, bacterial endocarditis with mitral valve prolapse and mitral valve insufficiency, effective November 22, 2000.

The veteran's service-connected gunshot wound to the left thigh results in a healed scar, pain, and limitation of flexion of the left knee. The current evaluation is for moderate impairment.

The Board has determined that the veteran was exposed to herbicide agents during his service in Korea and, therefore, presumptively meets the criteria for service connection for non-Hodgkin's lymphoma.