Other conditions decisions — 2006

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was denied due to his failure to report for scheduled VA examinations.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling examinations.

The Board denied the veteran's application to reopen his claim for service connection due to lack of new and material evidence, despite the veteran providing additional statements.

The veteran's right foot perforating gunshot wound residuals are being remanded for further development, including a new VA examination and proper VCAA notice. The TDIU claim is also being deferred as it is inextricably intertwined with the increased rating claim.

The Board has remanded the case due to insufficient information regarding the veteran's duty status on August 27 and August 28, 1973.

The Board denied the veteran's claim for service connection for AML, finding no evidence of a disease for which presumptive service connection is provided due to herbicide exposure in Vietnam. The Board also found no competent medical evidence linking the current AML to service or any other link to service.

The Board has determined that the appellant does not have recognized service with the United States Armed Forces, and therefore is not eligible for VA benefits.

The Board of Veterans' Appeals found that the appellant knowingly and intentionally submitted false evidence in his VA benefits claim, leading to a forfeiture of all rights under VA laws. The appeal is denied.

The Board has determined that the deceased did not have qualifying service in the U.S. Armed Forces and therefore, the appellant is not eligible for VA benefits.

The Board found that the veteran's intention to change the beneficiary from T.D. to his wife was valid, but the change was not effective due to lack of testamentary capacity and undue influence.

The veteran's service-connected hypertensive vascular disease is currently evaluated as 10 percent disabling, and the Board finds that this rating is not in accordance with his current blood pressure readings.

The Board denied the veteran's claim for reopening his service connection claim for herniated nucleus pulposus, L5-S1, claimed as residuals of a back injury due to lack of new and material evidence.

The veteran's claim for TDIU was granted in February 2005, effective May 26, 2004. The appeal is dismissed as the issue has been fully resolved.

The Board denied the appellant's request for an extension of her delimiting date beyond August 26, 2003, for Dependents' Educational Assistance (DEA) benefits because she was not prevented from initiating or completing her third program of education due to a physical or mental disability that did not result from willful misconduct.

The Board has determined that the veteran's service-connected bilateral otitis externa warrants a rating of 10 percent, which is the maximum available under the applicable diagnostic code. The evidence does not support an increase in this rating.

The veteran's appeal to the April 2003 rating decision was not timely filed, and as a result, the Board has dismissed his claims for service connection.

The Board denied the veteran's claim for an earlier effective date for a 10% evaluation for chondromalacia patella of the right knee, finding that it was not factually ascertainable that an increase in disability occurred within one year prior to October 18, 2004.

The Board denied the veteran's claim for service connection of an eye disorder, concluding that his preexisting condition did not worsen during service and thus was not aggravated.

The Board found that the veteran's current back disorder is not attributable to service, as any injury sustained during service was acute and transitory.

The Board denied the veteran's application to reopen his claim of service connection for left trapezoid strain due to lack of new and material evidence.