Other conditions decisions — 2006

The Board has determined that the veteran does not have TMJ, and therefore service connection for this condition is denied.

The Board denied the appellant's request for waiver of recovery of an overpayment of REPS benefits in the amount of $1,101 due to her underestimation of her income and lack of fault on VA's part. The decision found that recovery would not be against equity and good conscience.

The Board has determined that additional development is necessary prior to appellate review, including obtaining medical records and scheduling a VA examination for the veteran's cold injury residuals. The claims for higher initial ratings for cold injury residuals of both feet, secondary service connection for depression, and a 10 percent rating based upon multiple noncompensable service-connected disabilities are remanded.

The veteran's request for VA payment for cardiac intervention care at a private medical facility was denied as there is no legal entitlement under the provisions of the law.

The Board found that the veteran's ALS was not incurred or aggravated by active service, nor may it be presumed to have been incurred in or aggravated during such service. The VA has determined that a presumption of service connection based on exposure to herbicides used in the Republic of Vietnam during the Vietnam era is not warranted for Amyotrophic Lateral Sclerosis (ALS).

The veteran's claim for an initial evaluation in excess of 30 percent from January 1, 1995, for a solitary bone metastasis to the right proximal femur, status post resection of the right proximal femur was granted. The current effective date is not specified.

The veteran is not shown to have a disability manifested by the residuals of a fracture of the spine due to disease or injury that was incurred in or aggravated by service.

The Board has remanded the case for additional development, including providing proper notice under Dingess/Hartman v. Nicholson.

The veteran's claim for nonservice-connected disability pension was denied because his service did not meet the basic eligibility requirements due to a lack of qualifying wartime military service.

The Board denied reopening the veteran's claim for service connection for a left elbow and a left hand disability due to lack of new and material evidence.

The Board denied the veteran's claim for an extension of his delimiting period for receiving Chapter 30 educational assistance benefits, finding that he did not meet the legal criteria and exceptions to the 10-year limit.

The veteran's service does not meet the threshold criteria for basic eligibility for non-service connected pension benefits as he did not serve in active military, naval or air service for 90 days or more during a period of war.

The veteran's claim for an increased evaluation for her service-connected urticaria is being remanded due to the need for a VA examination where she has not taken her medication, and to obtain additional treatment records.

The Board denied a higher initial rating for the veteran's trapezius muscle strain of the right shoulder, finding that it did not meet the criteria for a disability rating in excess of 10 percent.

The Board has denied the appellant's request to reinstate her DIC benefits due to her remarriage at age 55, as she is not entitled under the law.

The Board denied the appellant's claim for DEA benefits beyond the delimiting date of May [redacted], 1993, as he was already over the age of 31 at that time.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits due to her remarriage after the veteran's death.

The Board has determined that the veteran does not have a left eye condition related to service and therefore denied their claim for service connection.

The Board has remanded the case for additional development of the record due to discrepancies in service information provided by the appellant's late spouse.

The VA denied a claim for an increased disability rating in excess of 40 percent for service-connected spondylolisthesis, L5-S1, with spondylosis. The veteran's condition did not meet the criteria for a higher rating as it did not involve pronounced intervertebral disc syndrome or unfavorable ankylosis.