Other conditions decisions — 2006

The Board has granted an earlier effective date of June 12, 2004 for special monthly pension (SMP) based on the need for regular aid and attendance (A&A), finding that the veteran was incapacitated due to his hospitalization from June 12, 2004. The decision resolves all reasonable doubt in favor of the veteran.

The veteran's claims for service connection were denied due to lack of evidence showing a relationship between his current conditions and his military service. The Board found that the additional evidence received was not new and material, thus denying the reopening of these claims.

The Board has determined that the cause of the veteran's death is not related to his service-connected disabilities, and therefore denied the claim for service connection for the cause of death.

The Board found that the veteran did not engage in combat and thus could not establish his claimed service connection for PTSD based on a verified in-service stressor. The claim was denied as there is no credible supporting evidence of the claimed in-service stressors.

The Board found that the veteran's request for waiver of recovery of an overpayment of VA pension benefits was not timely submitted, and therefore denied the appeal.

The Board denied the veteran's claim for service connection for a liver disorder, finding that it was not incurred in or aggravated by military service and was secondary to his nonservice-connected alcohol abuse disorder.

The Board found that the veteran's service-connected prostatitis does not meet or approximate the criteria for a compensable rating, and denied his claim.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for cause of the veteran's death, but the underlying claim remains denied as there is no competent evidence showing a service-connected disability caused or contributed substantially or materially to cause the veteran's death.

The Board has determined that the veteran does not have any right leg residuals or disorder due to a shell fragment wound injury or any other event or incident of his period of active service, including duty in Korea. Therefore, service connection for the claimed condition is denied.

The VA denied the veteran's claim for an increased disability evaluation for his post-operative retinal tear of the left eye, currently rated at 10 percent. The evidence did not support a higher rating.

The Board denied the veteran's claim for waiver of recovery of an overpayment of improved pension benefits, finding that his actions constituted 'bad faith' and thus precluded consideration of financial hardship or other equity factors.

The Board denied the appellant's request to reopen his claim for VA benefits due to lack of new and material evidence, as the NPRC had previously determined that he did not have qualifying service with U.S. Armed Forces.

The veteran's claim for an effective date prior to July 31, 2001, for the grant of service connection for idiopathic interstitial pulmonary fibrosis is denied.

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of a fracture of the left humerus, finding that he was already receiving the maximum available rating under applicable diagnostic codes.

The Board found that the veteran's cardiac arrhythmia was not caused or aggravated by medication prescribed for his service-connected bronchial asthma, and therefore denied the claim.

The Board has remanded the case for further development, including an examination to determine if the veteran's nosebleeds began during service or are otherwise linked to his military service.

The veteran's claim for a higher amount of improved pension benefits on the basis of unreimbursed medical expenses for the period from January 1, 1997 to December 31, 1997 was denied as he failed to provide receipts for all claimed medical expenses.

The veteran's appeal is denied as his medical condition had stabilized by September 4, 2002, and he was no longer in a continued medical emergency.

The Board found that the veteran's respiratory disorder was not incurred or aggravated in service and denied his claim.