Other conditions decisions — 2006

The Board has determined that the appellant does not have basic eligibility for VA non-service-connected pension benefits due to his service not qualifying as active military, naval, or air service.

The Board has ordered the case back to the Regional Office for further action, including asking the appellant to provide a financial status report and addressing whether the overpayment of compensation was due solely to administrative error on the part of the RO.

The veteran's son, who turned 18 in August 1978 and is not permanently incapable of self-support prior to that age, does not meet the eligibility requirements for VA death benefits.

The veteran's claim for service connection for dementia due to head trauma in service is being remanded for additional development, including obtaining medical records and arranging for a neuropsychiatric examination.

The veteran's claim for an effective date earlier than October 16, 2003 for the grant of service connection for chronic lymphocytic leukemia was granted. The effective date is set at August 30, 2002.

The Board denied the appellant's application to reopen his claim for basic eligibility to VA benefits due to a lack of new and material evidence, concluding that there was no qualifying service as reported by the appellant.

The Board has determined that the overpayment of $7,855 in VA death pension benefits was validly created due to the appellant's failure to report her employment income. The Committee on Waivers and Compromises found no bad faith or fraud from the appellant and granted waiver of recovery.

The Board granted a 20 percent rating for the veteran's service-connected right clavicle fracture with acromioclavicular joint arthritis, finding that motion in the right arm is limited by pain at the shoulder level.

The Board denied the veteran's claim of service connection for disability involving the eyes, finding that there was no evidence linking his current eye conditions to service.

The veteran's claim for an earlier effective date for Hodgkin's disease with splenectomy and liver function test abnormalities was denied as he filed his first claim well after one year following his discharge from service, and the earliest effective date permissible under VA regulations is January 14, 1994.

The veteran's service-connected filariasis with elephantiasis and severe adenitis of the left leg does not meet the criteria for special assistance in the purchase of an automobile or other conveyance and/or adaptive equipment due to insufficient evidence of loss or permanent loss of use of one or both feet, hands, or vision.

The veteran's appeal is denied as he does not meet the eligibility criteria for Chapter 30 educational benefits due to his character of discharge being 'bad conduct' for a significant portion of his service.

The veteran sustained perforations of the colon as a result of a VA colonoscopy and polypectomies on September 1, 2000. However, the perforations were not due to an event not reasonably foreseeable or negligence by VA in providing treatment.

The veteran's claim for Dependent's Educational Assistance under 38 U.S.C. Chapter 35 is being remanded due to uncertainty about the permanent and total nature of his service-connected disability.

The Board found that the appellant's late husband had no valid military service in the Armed Forces of the United States, including as a member of the Philippine Commonwealth Army. Therefore, he could not be considered a 'veteran' for VA purposes and the appellant has no legal entitlement to VA death benefits.

The veteran's claim for a higher rating for postoperative residuals, left medial malleolus fracture was denied. The RO assigned the maximum disability rating of 20 percent under Diagnostic Code 5271.

The veteran's unauthorized medical expenses incurred at a non-VA facility on January 14-15, 2004 are granted as the condition was an emergent one and VA facilities were not feasibly available.

The veteran's claim for service connection for metastatic adenocarcinoma of the lung was received on June 14, 2002. The effective date is set to this date as there are no exceptions to the general rules regarding effective dates.

The VA determined that the veteran's degenerative joint disease of the left hip did not warrant a rating higher than 10 percent.

The veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and because he submitted his application after January 17, 2003.