Other conditions decisions — 2006

The veteran's claim for education benefits for an on-the-job training program with the California Highway Patrol (CHP) in Oakland, California is granted. The decision is based on the evidence showing that his colleague was granted similar benefits under the same circumstances.

The Board found that the appellant did not file a timely substantive appeal with respect to the April 1993 rating decision denying service connection for the veteran's cause of death. The matter is being remanded to the RO via the AMC.

The Board denied the veteran's claims for service connection of a flexion contracture of the right fifth finger and disability of the feet, as well as his eligibility for NSC pension benefits. The evidence received did not raise a reasonable possibility of substantiating these claims.

The Board has determined that an effective date earlier than January 31, 2003 for a grant of a 60 percent disability evaluation for bowel incontinence is not warranted.

The Board denied the veteran's claims for service connection for dental trauma and a rating higher than 10 percent for his right wrist disability. The veteran was not granted any new ratings or benefits.

The Board has remanded the case for further development due to conflicting medical opinions and the need for a VA examination.

The veteran's progression to total blindness was not found to be the result of VA negligence or fault in providing medical care from April 1992 to June 1992.

The veteran's appeal is being remanded for additional development of the evidence, including obtaining medical records and scheduling a VA examination. The case will be reviewed to determine if an initial rating in excess of 10 percent should be granted for his service-connected anaphylactic reaction to bee sting.

The Board has determined that the veteran does not have blindness in his non-service-connected right eye, and therefore, a compensable evaluation for left eye post-traumatic mydriasis is denied.

The veteran's widow seeks a retroactive upward adjustment of pension paid to the veteran from October 2002 until his death in June 2003 based on reduction of the countable income due to medical and health expenses incurred by the veteran during his lifetime. The evidence was not received by VA until after the veteran's death, thus meeting the legal prerequisites for accrued benefits is denied.

The Board has remanded the case for a VA housebound examination to determine if the veteran's service-connected disabilities prevent him from leaving his home to earn a living.

The Board denied the veteran's claims for service connection for adenocarcinoma of the sigmoid colon and prostate cancer, finding no evidence linking these conditions to his exposure to ionizing radiation in service.

The veteran's death was not caused by a service-connected condition, and he did not qualify for non-service-connected disability pension or death pension benefits.

The veteran's appeal for monetary allowance for his deceased child with birth defects is dismissed as he has withdrawn the appeal.

The appellant's DIC benefits were terminated due to her remarriage in July 1995. Her claim for reinstatement was denied as she did not meet the eligibility criteria under VA regulations.

The Board denied the appellant's claim for DIC benefits as there is no evidence showing that he was permanently incapable of self-support prior to turning 18 years old.

The veteran's cause of death, cancer of the larynx, is not related to his service. The Board denied service connection for the cause of death and dismissed the claims for accrued benefits and nonservice-connected death pension.

The veteran died intestate without a surviving spouse or other heirs. The appellant, one of his daughters, is entitled to half of the burial benefits as per Texas intestacy laws.

The Board denied the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from March 11, 2004 to March 16, 2004 due to a finding that his condition had stabilized on March 11, 2004 and he was no longer in a continued medical emergency.

The Board granted the veteran's spouse an increased monthly apportionment of $625 on behalf of her and their three children, as she was not providing support to them.