Other conditions decisions — 2006

The Board denied the veteran's claim for an earlier effective date of June 4, 1999 for the grant of nonservice-connected pension benefits. The evidence did not show that the veteran was entitled to such benefits prior to June 1999.

The Board has determined that the overpayment of $1,027.34 in Chapter 35 educational assistance benefits was properly created due to the appellant's receipt of nonpunitive grades for developmental classes and denied her request for a waiver of recovery.

The veteran's appeal is remanded due to insufficient evidence of record regarding the severity and nature of his meralgia paresthetica disability. The RO will seek additional information from the veteran's private physician and provide for a VA medical examination.

The Board has remanded the case due to a lack of proper notification and information for the appellant's claim for special monthly pension based on need for aid and attendance or housebound benefits.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's lung condition is related to asbestos exposure during service.

The Board has remanded the case due to the need for further development, including a VA examination and additional medical records review.

The Board finds that the veteran's Reiter's syndrome does not warrant a rating in excess of 10 percent.

The Board has denied the veteran's claims for service connection for tendonitis of bilateral Achilles tendons and bilateral vision loss, finding that there is no current evidence of these conditions and that any existing disabilities are not related to service.

The Board has determined that the veteran's non-Hodgkin's lymphoma is at least as likely as not caused by secondary exposure to Agent Orange through direct contact with bodily fluids from combat wounded Marines and Sailors, and thus service connection for this condition is granted.

The Board denied service connection for scoliosis and granted an initial rating of 40% for residuals of a fracture of the right tibia and fibular, but noted that the veteran's leg length discrepancy was combined with this rating.

The Board has determined that the veteran's right shoulder impingement syndrome does not warrant a rating higher than 20 percent, as it does not meet the criteria for more severe disability under Diagnostic Codes 5200 through 5203.

The veteran's application for Tuition Assistance Top-Up (TATU) payment for courses taken between March 18, 2002, and October 3, 2002, was received by VA more than one year after the completion of these courses. Therefore, the claim is denied.

The veteran's cortical cataracts in both eyes were evaluated by the Board, but his right eye had visual acuity better than 20/40 and thus did not meet the criteria for a compensable evaluation. The claim was denied.

The veteran did not have 90 days of active duty service during wartime, nor did he have service in Vietnam. Therefore, the appellant is not eligible for VA nonservice-connected death pension benefits.

The Board found that the veteran knowingly submitted false statements in his attempt to get VA benefits, and thus committed fraud. As a result, the forfeiture of his VA benefits under 38 U.S.C.A. § 6103 was proper.

The Board has determined that the veteran's residuals of fractured nose, status post septoplasty do not warrant a compensable evaluation as they are manifested by no more than 25 percent obstruction in both nasal passages.

The veteran's unauthorized medical expenses for emergency treatment at the Florida Hospital in Apopka, Florida on May 22 and May 23, 2003 are approved. The claimant had no health insurance or eligibility under Medicare/Medicaid, her symptoms were of such severity that she reasonably expected immediate medical attention to prevent serious harm, a VA facility was not feasibly available at the time, and she did not have coverage under 38 U.S.C.A. § 1728.

The veteran's daughter is entitled to a monetary allowance as a child of a Vietnam veteran with spina bifida.

The Board found that the veteran's service-connected psychiatric disability, classified as neurosis, mixed type, resulted in occupational and social impairment with reduced reliability and productivity. The veteran more nearly approximated findings for a 50 percent rating.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 and a higher rate of special monthly compensation based on need for aid and attendance, finding that there was no evidence to support the veteran's claims.