Other conditions decisions — 2006

The Board has determined that the veteran does not have cataracts or rheumatism that are related to active service and therefore denied both claims.

The veteran's case is being remanded for additional development, including a VA examination to assess the current condition of his service-connected right rotator cuff repair.

The veteran died of a nonservice-connected condition and is buried in a private cemetery. The claim for nonservice-connected burial benefits is denied as the criteria are not met.

The Board denied the appellant's request to reopen her claim for VA benefits, finding that no new and material evidence had been presented.

The Board denied the appellant's claim for non-service connected pension benefits as he did not have qualifying service to establish eligibility.

The appellant is eligible for an effective date of November [redacted], 1995, or the date she successfully completed secondary schooling in 1995, for Chapter 35 educational assistance.

The Board has denied the veteran's claims for service connection for arthritis, right hand (dominate) and a right hand disorder as there is no competent medical evidence linking these conditions to his military service.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death benefits purposes, finding that she was not married to the veteran at his time of death and did not meet the legal requirements for a surviving spouse.

The Committee determined that the appellant was not entitled to waiver of recovery of an overpayment of VA pension benefits because recovery would be against the standard of equity and good conscience. The appeal is REMANDED for additional development.

The VA denied the veteran's claims for an initial noncompensable rating for schizoid personality disorder and a total rating based on unemployability due to service-connected disability. The VA found that the veteran's symptoms did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board denied service connection for migraine headaches and the veteran did not file a timely substantive appeal.

The Board has decided to remand the case for further development, including obtaining medical records and an audit of the veteran's VA disability account. The veteran will be given a chance to submit additional evidence related to his request for waiver of recovery of the assessed overpayment.

The veteran's participation in Vocational Rehabilitation under Chapter 31 of Title 38 of the United States Code does not provide an exemption to owing copayments on VA provided medications.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's left inguinal hernia became worse during service.

The Board denied the veteran's claims for increased evaluations for osteomyelitis of the right femur and low back pain, finding that the evidence did not warrant a rating higher than 20 percent.

The veteran's surgery and medical services at EMC were not authorized by VA, did not meet the criteria for emergency treatment under 38 U.S.C.A. § 1725, and it was not shown that VA facilities were not feasibly available to provide the treatment.

The Board has granted service connection for the cause of the veteran's death and determined that the appellant is eligible for Survivors' and Dependents' Educational Assistance (DEA).

The Board denied service connection for skin rash, to include acneform disease, and squamous cell carcinoma as the evidence did not show current disabilities.

The Board found that the veteran's poliomyelitis was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case for further development and re-adjudication due to a previous remand not being fully complied with, as well as providing proper VCAA notice.