Other conditions decisions — 2006

The Board denied the appellant's application for VA improved death pension benefits due to her excessive income, which exceeded the maximum annual pension rate for a surviving spouse with no dependents.

The Board has determined that the veteran's Peyronie's disease was not incurred in or aggravated during active military service, nor is it due to or aggravated by his service-connected gun shot wound or residuals thereof. Therefore, the claim for service connection is denied.

The Board denied the appellant's request to reopen her DIC claim under 38 U.S.C. § 1318, finding that no new and material evidence had been submitted and concluding that there was no legal basis for granting the benefit.

The Board found that the veteran knowingly aided or assisted in presenting a false affidavit, leading to forfeiture of his VA benefits.

The veteran is appealing the validity of an overpayment of VA compensation benefits. The case must be remanded for further review and adjudication.

The VA determined that the veteran's current skin disorder is not related to his military service and denied his claim for service connection.

The Board has determined that the overpayment of VA education benefits was solely due to administrative error, and therefore grants the appeal for waiver.

The Board found that the veteran's essential tremor warranted a rating of 30 percent, which is the minimum rating assignable under DC 8004. The claim for an increased rating was denied.

The VA has denied an initial compensable rating for the post-surgical repair of a fractured middle phalanx of the left ring finger, as there is no evidence of additional functional loss due to pain or other factors.

The VA denied an increased evaluation for the veteran's lumbar spine disability and denied entitlement to a total disability evaluation due to individual unemployability arising from his service-connected disability. The veteran's low back disability is characterized by severe limitation of motion, fused vertebra from L3 through S1, muscle spasm, and chronic low-grade pain with intermittent exacerbation of severe pain and radiculopathy without significant neurologic deficit.

The Board denied the motion to revise a June 24, 1954, decision due to CUE because there was no evidence of a lobectomy during the in-service surgery and thus Diagnostic Code 6816 should not have been applied.

The Board denied the veteran's claim for retroactive education assistance benefits under Chapter 30, Title 38 of the United States Code (Montgomery GI Bill) because the earliest commencement date of the award was December 22, 1998. The training that took place prior to this date is not eligible for retroactive payment.

The Board has determined that the veteran's bladder disorder, which is primarily manifested by urinary retention requiring self-catheterization four to six times a day, does not meet the criteria for a higher rating than 30 percent.

The Board found that the veteran's left hip disorder was not incurred in or aggravated by service, nor is it related to his service-connected low back disorder. The claim for service connection for a left knee disorder was also denied.

The Board found that the veteran's post polio syndrome was not incurred during or aggravated by active service and denied his claim.

The Board found that the veteran's current torticollis is not related to his military service and denied his claim for service connection.

The Board has determined that the veteran does not have current right forearm or hand disabilities and thus service connection is denied for these conditions.

The veteran's son did not timely file a claim of entitlement to reimbursement for burial expenses, as the appellant submitted his incomplete claim more than two years after the veteran's burial.

The veteran is seeking service connection for Hodgkin's disease, previously claimed as an undiagnosed malignant supraclavicular mass. The case has been remanded to the RO for further consideration of all evidence.

The Board has determined that the veteran's right elbow condition was not caused by his active military service or a service-connected right wrist disability, and therefore denied the claim for service connection.