Other conditions decisions — 2006

The Board has denied the veteran's claim for service connection for a cardiovascular disorder (chest pains and palpitations) due to lack of evidence showing such condition was incurred in or aggravated by her military service. The initial evaluation in excess of 10 percent for gastritis is also denied.

The VA denied the veteran's claim for an initial compensable evaluation for venereal warts, finding that his service-connected condition did not meet the criteria for a higher rating.

The Board found that the veteran is not in need of regular aid and attendance by reason of disability, nor housebound. Therefore, she does not meet the criteria for special monthly compensation based on the need for regular aid and attendance or housebound status.

The appellant's service-connected residuals of his back injury have not met the criteria for a higher rating, as they do not demonstrate pronounced intervertebral disc syndrome or incapacitating episodes requiring bed rest and treatment by a physician.

The Board has determined that the veteran does not have a current eye disability and finds no evidence to support a connection between his service-connected diabetes mellitus type II and any vision problems. Therefore, the claim for service connection is denied.

The Board found that the overpayment of educational benefits in the amount of $2,887.50 was properly created and denied the veteran's appeal.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to bladder control problems has been dismissed as the appeal is moot due to the death of the veteran.

The Board has determined that the veteran did not have a chronic toe nail fungus or skin rash disability during service, and there is no evidence linking these conditions to service. As such, the claims for service connection are denied.

The Board has dismissed the appeal due to the veteran's passing, as veterans' claims do not survive their deaths.

The Board finds that the veteran's preexisting Osgood-Schlatter's disease of his knees did not undergo a permanent increase in severity during active service, and thus denied the claim for service connection.

The Board found that the evidence does not demonstrate beyond a reasonable doubt that the veteran committed acts of treason, and therefore, his forfeiture of benefits under 38 U.S.C.A. § 6104(a) is denied.

The veteran's appeal is denied as he does not meet the basic eligibility requirements for VA nonservice-connected pension benefits due to lack of wartime service.

The Board has granted a combined increased rating of 30 percent for the left knee, including a 20 percent rating for degenerative joint disease with limited motion and a separate 10 percent rating for history of meniscus injury with joint instability.

The Board denied the appellant's claim for VA death benefits as her deceased husband did not have qualifying service in the U.S. Armed Forces.

The Board denied the appellant's application to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been received.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back and side disability. The reopened claim is granted.

The Board has granted the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $2,501. The decision concludes that it would be against equity and good conscience to recover this debt.

The Board denied an increased rating for avascular necrosis of the right hip, status post total hip replacement, currently evaluated as 30 percent disabling, on and after March 1, 2004.

The veteran's claim for payment of unauthorized medical expenses incurred in February 2004 at a private hospital was denied as he did not receive treatment from VA within the required 24-month period prior to his emergency visit.

The veteran's application for enrollment in the VA health care system was denied because it was received after January 17, 2003 and he is a nonservice-connected veteran.