Other conditions decisions — 2006

The veteran's claim for educational assistance beyond the delimiting date of May 1, 2003 was denied as he did not have an additional period of active duty and his eligibility ended on that date. The Board found no legal merit to extend his eligibility.

The Board found that the appellant did not file an earlier claim for death pension, and thus denied her request for an effective date earlier than February 19, 2004.

The Board dismissed the appellant's appeal because her substantive appeal was not filed within the required time frame.

The Board has remanded the case due to failure to provide proper VCAA notice.

The veteran's appeal has been dismissed as she withdrew her appeal prior to the Board making a decision.

The Board has remanded the veteran's claims for service connection and TDIU due to incomplete medical records, lack of examination, and other procedural issues. The RO is instructed to obtain all outstanding VA medical records, arrange for examinations, and provide the veteran with another opportunity to submit evidence.

The veteran is seeking compensation benefits for a cerebral vascular accident (CVA) resulting from VA treatment for polycythemia. The case has been remanded to obtain an examination and determine if the veteran's CVA was caused by VA care or negligence.

The Board has granted the veteran's waiver of recovery for an overpayment of VA Chapter 31 vocational rehabilitation subsistence allowance in the amount of $373.20, finding that it would be against equity and good conscience to require repayment.

The Board found no evidence of a current disability and denied the veteran's claim for service connection for chest injury residuals.

The Board denied the veteran's claims for an increased evaluation of his service-connected gunshot wound to the right upper arm and denied his claim for service connection for a right scapula injury (claimed as a right shoulder blade injury).

The Board has determined that the veteran's rectal cancer is not service-connected, as it does not meet the criteria for presumptive service connection based on Agent Orange exposure.

The veteran's lung cancer was not diagnosed until over 30 years after his last exposure to Agent Orange, and thus the presumption of service connection for respiratory cancers did not apply. The claim is denied as there is no evidence that the cancer was present within a year of the veteran's last exposure.

The veteran's chronic post-operative head injury residuals including organic brain syndrome are presumed to have been initially manifested during active duty. However, the veteran's chronic dental trauma residuals were not objectively manifest during service and are not considered to have originated in service.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for narcolepsy, which was previously denied in February 1985. The case is remanded for further development.

The VA denied an initial compensable evaluation for reactive arthritis/Reiter's syndrome, finding that the veteran's condition did not meet criteria for a higher rating due to insufficient evidence of active disease.

The veteran's service-connected disabilities, including his low back disability and loss of use of lower extremities, would have met the statutory duration requirements for a total disability rating at the time of his death but for clear and unmistakable error in the December 1996 RO rating decision. The effective date should be August 30, 1990.

The Board finds that the veteran does not have a current pulmonary disability that is etiologically related to in-service exposure, and thus service connection for a pulmonary disorder cannot be granted.

The Board found that the veteran does not have multiple chemical sensitivity which can be related to his period of service and denied his claim for service connection.

The Board found that the veteran's right calf muscle injury, resulting from a gunshot wound sustained during service, warrants a non-compensable (10%) rating.

The Board denied the veteran's claim for service connection for a skin disorder other than pruritis ani, finding that there was no evidence linking his current condition to his military service or any service-connected conditions. The Board also noted that there is no medical evidence of record establishing a relationship between the veteran's groin rash and exposure to herbicides.