Other conditions decisions — 2006

The Board denied the veteran's claim for VA nonservice-connected disability pension as he did not have the requisite service to qualify.

The Board denied the veteran's request for waiver of recovery of an overpayment of disability compensation benefits in the amount of $42,935.20 due to fault on the part of the veteran and no fault on the part of VA.

The Board has determined that the appellant is not the veteran's surviving spouse at the time of his death, and thus lacks legal entitlement to VA benefits.

The Board determined that the appellant's deceased spouse did not have verified active military service in any component of the United States Armed Forces, and therefore denied the appellant's claim for basic eligibility for VA death benefits.

The veteran's deep vein thrombosis and recurrent disc herniation were found to be the result of VA medical treatment in May 1987, but not due to carelessness, negligence, or lack of proper skill on the part of the VA. The Board denied compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claims for service connection for chronic left and right lower extremity disorders, as well as a chronic right testicle disorder. The evidence does not support current diagnoses of these conditions.

The Board has determined that the veteran's post-traumatic stress disorder is service-connected, as his reported in-service stressors are supported by credible evidence and there is a medical diagnosis of PTSD.

The VA determined that the veteran's dysthymic disorder does not meet or nearly meet the criteria for a higher disability rating, as it did not produce considerable or more than definite industrial impairment.

The Board denied the veteran's claims for initial compensable evaluations for left ear and bilateral defective hearing, finding that the evidence did not warrant such ratings.

The appellant's income exceeded the maximum applicable income limitation for improved death pension benefits, resulting in a denial of her claim.

The Board found that new and material evidence had been submitted to reopen the claim, but denied service connection for a chronic disease of allergic etiology as there was no link between any currently diagnosed condition and his period of service.

The Board of Veterans' Appeals has determined that the veteran's bilateral pterygium does not meet the criteria for a compensable rating, as his corrected visual acuity is 20/30 bilaterally, which is not considered a compensable loss of vision under VA compensation guidelines.

The VA denied compensation under 38 U.S.C.A. § 1151 for the veteran's loss of eyesight in his left eye, as it was determined that the loss did not result from VA treatment.

The Board has denied the veteran's claims for service connection for a neck disorder and for higher ratings for his left hand disabilities due to lack of evidence of an in-service injury or disease resulting in current disability.

The Board denied the veteran's claims for a compensable evaluation for lattice degeneration of the eyes and service connection for gingivitis. The claim for an increased rating for residuals of low back injury was not addressed in this decision.

The Board denied the veteran's claims for service connection for neck pain and hemiparesis, finding that these conditions were not incurred in or aggravated by active service. The Board also found no new and material evidence to reopen his previously denied claims regarding residuals of a head injury and a chronic acquired psychiatric disorder.

The veteran's claims for increased evaluations are remanded due to the need for additional examinations and development of his employment and educational records.

The Board has remanded the case for further development, including obtaining VA clinical records and providing notice consistent with Dingess v. Nicholson.

The Board denied the appellant's claim as his discharge was under dishonorable conditions and thus barred him from VA benefits, except for healthcare under Chapter 17 of Title 38, United States Code.

The veteran's claim for an earlier effective date for a 60% evaluation of Crohn's disease was denied as the earliest allowable effective date is May 1, 2003.