Other conditions decisions — 2007

The Board has determined that the appellant caused to be made a false affidavit, which resulted in forfeiture of all rights, claims, and benefits under all laws administered by VA. The appeal is denied.

The VA denied a claim for an increased evaluation for post-operative residuals of a pilonidal cyst, finding the disability currently characterized by some pain and slight tenderness at the incision site.

The veteran's need for regular aid and attendance is attributed to his nonservice-connected Charcot-Marie-Tooth disease, not his service-connected disabilities. The Board finds that the veteran does not meet the criteria for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities.

The veteran's claims for an initial evaluation in excess of 10 percent for herpes zoster and for an effective date earlier than October 28, 2004, for the grant of service connection for herpes zoster have been denied. The RO has obtained all available records and will provide a neurological examination to address the extent and severity of post-herpetic neuralgia.

The Board denied the appellant's claims for accrued pension benefits in excess of $77.00 and reimbursement of burial expenses for the veteran's widow due to a lack of legal merit.

The veteran's postoperative residuals of thoracotomy with a loose sternal wire are rated at 10 percent, effective July 9, 2003. The condition is comparable to a superficial scar that is painful on examination.

The veteran's appeal is being remanded for additional development, including obtaining records from the Veteran's Outreach Center and arranging for an examination to assess her need for aid and attendance due to her service-connected conditions.

The Board has determined that a VA examination with claims file review is needed to determine the relationship between the veteran's paroxysmal atrial fibrillation and service or service-connected dysthymic disorder. Further VCAA notice is required, as well as obtaining any pertinent records.

The Board has determined that the veteran's in-service blister of the left foot caused current leg problems, and his post-polio syndrome may be related to service. The claim is granted.

The Board found that the appellant filed a timely notice of disagreement with the June 6, 2001 decision denying his application to reopen a claim for nonservice-connected pension benefits.

The veteran's income exceeds the maximum annual pension rate, so she is not entitled to nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for impotency and skin rash, both of which were not found to be related to his military service or exposure to herbicides.

The Board denied the veteran's pension benefits in May 1988, finding that his alcohol abuse constituted willful misconduct and that he had sustained improvement in his epilepsy. The Board concluded this warranted termination of his pension.

The Board has decided to remand the case for additional development due to inadequate VCAA notice.

The Board found that the veteran did not develop a skin rash of the arms and chest due to exposure to ionizing radiation in service, and thus denied his claim for service connection.

The veteran's claim for an earlier effective date for service connection for residuals of cold weather injuries is denied as the proper effective date is August 30, 2001.

The veteran's claim for an increased evaluation for his service-connected Schmorl's nodes, L3-L4, with symptomatic disability is being remanded due to the need for additional examination and development of records.

The Board has determined that the recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the veteran's overpayment of VA compensation benefits.

The veteran's right hand and left hand disabilities are already rated at their highest possible levels under the applicable VA rating criteria.,Service connection for CML is not granted as there is no evidence of its occurrence during service or a link to military service.

The veteran's death was service-connected, but she died more than one year after her discharge. Therefore, the claim for educational assistance benefits under Chapter 30 is denied.