Other conditions decisions — 2006

The Board has determined that the reduction of the veteran's disability compensation benefits to a ten percent rate, effective from March 10, 1985 and December 17, 2001 to July 24, 2002 due to incarceration for felony convictions was proper.

The Board has determined that the appellant's deceased spouse did not have qualifying service in the United States Armed Forces, and therefore is not considered a veteran for purposes of VA benefits. As such, the claim for nonservice-connected death benefits is denied.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 due to VA medical treatment from 1992 to 1994, as there is no evidence that the right hip arthrosis was caused by VA carelessness or negligence.

The veteran is seeking special monthly pension due to blindness and need for aid and attendance. The RO has been notified of the existence of medical evidence pertinent to this claim, but further action is needed as his visual acuity is worsening.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has determined that the appeal is not clear and requires additional development, including re-verifying service under the appellant's alias (T.D.) and informing her of what constitutes acceptable evidence for qualifying military service.

The Board has determined that the veteran's low back disability, manifested by moderate to severe pain with flare-ups lasting up to 8 hours per week, warrants a 40 percent disability rating.

The Board has determined that the appellant's late husband did not have qualifying service in the United States Armed Forces during World War II, and therefore does not meet the criteria for basic eligibility for VA benefits.

The Board has denied the appellant's claim for nonservice-connected death pension benefits as her service does not qualify under applicable laws and regulations.

The Board found that the overpayment of pension benefits in the original amount of $70 was properly created due to the veteran's failure to report his change in Medicare premium payments.

The Board denied the appellant's claim for an effective date earlier than February 1, 1999 for the award of DIC benefits under 38 U.S.C.A. § 1318 due to lack of entitlement based on the veteran's service-connected disabilities.

The Board finds that the veteran's right hand disability, which includes mild flexion deformity of thumb and little finger with sensory radial nerve injury, more nearly approximates a moderately severe disability. The current rating of 20 percent is therefore maintained.

The Board has dismissed the appeal due to a withdrawal of the appeal by the appellant.

The Board has determined that the veteran forfeited all rights, claims, and benefits under VA laws due to his involvement in providing fraudulent affidavits for two surviving spouses' DIC claims.

The Board has determined that the veteran does not have current residuals of a neck or back disability and therefore, service connection for these conditions is denied.

The Board found that the veteran's post-operative residuals of a gunshot wound to the left chest, with history of retained foreign body, do not meet the criteria for an evaluation in excess of 30 percent from October 7, 1996.

The Board denied the appellant's request to reopen his claim for revocation of forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for an earlier effective date for ratings of frozen feet and for VA compensation under 38 U.S.C.A. § 1151 for additional genitourinary disabilities resulting from VA medical treatment received between August 1971 and November 1973.

The Board has granted a rating of 30 percent for the veteran's service-connected bilateral flatfoot acquired, which is more than the current 10 percent rating. The claim for an increased evaluation for the second degree burn scar on the right forearm remains denied.

The veteran's bursitis of the right shoulder does not meet the criteria for a higher initial evaluation beyond 10 percent.