Other conditions decisions — 2007

The veteran's TMJ dysfunction was not found to warrant a compensable evaluation from June 15, 1991 to July 19, 1993 or an evaluation in excess of 30 percent from July 20, 1993.

The Board denied the appellant's claim for educational assistance benefits, finding that 10 credit hours taken from January 8, 2002, through April 26, 2002 were non-required courses and thus not eligible for VA educational assistance.

The appellant is not eligible for Chapter 35 educational benefits because he turned 26 years old before applying, and the effective date of his veteran's total disability was after that age.

The veteran's appeal is being remanded for additional development and consideration of his claims, including a review of the information and evidence not of record necessary to substantiate his claim of entitlement to service connection for a cardiac disorder, originally claimed as myocardial infarction, secondary to anxiety disorder.

The veteran's essential thrombocythemia, a form of leukemia, is granted service connection due to in-service radiation exposure.

The Board denied the veteran's claim for service connection for periodontal disease, finding that new and material evidence had not been received to reopen his previously denied claim.

The Board denied the veteran's claims for increased ratings for resection of the large and small intestines and injury to muscle group XIX, residual of colostomy. The veteran was granted service connection for these conditions but a higher rating is not warranted under applicable diagnostic codes.

The veteran's ulcerative colitis was found to not meet the criteria for a higher initial rating before September 12, 2005.

The Board denied the veteran's claims for increased ratings and initial compensable ratings, finding that the evidence did not meet the criteria for a compensable rating under applicable diagnostic codes.

The Board has granted a 30% disability rating for the veteran's service-connected cold injury residuals of the right hand, effective from the date of the decision.

The veteran's application for a waiver of recovery of $19,519.77 in VA loan guaranty indebtedness was denied due to his act of bad faith and misrepresentation regarding his marital status at the time of the loan application.

The Board denied the veteran's claim for service connection for amblyopia, finding that it is not a disease within VA compensation purposes and there was no evidence to support its occurrence in service.

The Board denied the veteran's claim for a higher rating for his service-connected atrial fibrillation, finding that the maximum schedular rating of 30 percent is already assigned. The effective date of this rating remains before the Board.

The veteran's claim for a compensable rating for cholangitis with jaundice is being remanded due to the need for additional VA examination and review of his medical records.

The Board found that the cause of the veteran's death was not related to his military service, including presumed herbicide exposure. No service-connected disability substantially contributed to the veteran's death.

The veteran's claim for basic eligibility for VA educational assistance benefits under Chapter 30, Title 38, United States Code is denied due to his discharge being 'under honorable conditions' rather than an 'honorable' discharge.

The Board has denied the veteran's request for a waiver of overpayment of VA non-service-connected pension benefits in the amount of $4,064.24 due to his custodian retaining the funds for personal use.

The Board denied an increased rating for the veteran's right knee disability, but granted a separate 10 percent evaluation for arthritis of the same knee.

The appellant is not eligible for VA death benefits as a child of the deceased service member due to her age and lack of permanent incapacity at 18 years old.

The Board found that the veteran's cerebellar ataxia was not caused by or otherwise attributable to his military service.