Other conditions decisions — 2007

The Board has determined that the debt of $2,762.26 was not properly created and therefore the veteran does not owe this money.

The veteran's appeal is remanded for additional development and adjudication, including obtaining medical records and scheduling the veteran for an examination to assess his left hip/buttock disability.

The Board denied the appellant's eligibility for VA benefits based on service from January 1978 to April 1978 due to a fraudulent enlistment that was voided by the service department.

The veteran's claim for an increased evaluation for his service-connected schizoaffective disorder is being remanded due to the need for a new VA examination and consideration of evidence of worsening symptoms.

The Board found that the veteran's carcinoma of the penis and lymphedema of the lower extremities are not attributable to service. The eye disability is also not related to service.

The Board has determined that an increased rating is not warranted for the service-connected enucleated left eye and chronic infection of the left eye socket. Consequently, no disability rating or effective date will be assigned.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his esophageal cancer and progressive liver metastases to his military service or presumed Agent Orange exposure.

The veteran's service-connected disabilities, when considered in isolation, have not been shown to be of such severity as to preclude substantially gainful employment. Therefore, the criteria for a TDIU are not met.

The veteran's service-connected residuals of a gunshot wound to the left thigh, with two retained pellets, are currently rated at 10 percent. The condition involves muscle Group XIII and is manifested by subjective complaints of numbness and pain, with objective evidence of decreased sensation in the left leg.

The veteran's claim for an earlier effective date for a TDIU rating is denied as his application was not received within one year of the date it was sent to him.

The RO denied the appellant's claim for death benefits as her surviving spouse due to a lack of continuous cohabitation, despite her claims of separation being due to the veteran's misconduct. New evidence submitted since the May 1994 decision does not provide new information regarding this issue.

The veteran's death was not service-connected, and the appellant's claim for reimbursement of burial and funeral expenses was received more than two years after the permanent burial or cremation of the body. Therefore, the claim is denied.

The veteran's claims for increased ratings for varicose veins of the right and left lower extremities were denied as there was no current evidence of stasis pigmentation or eczema affecting either leg.

The Board has determined that the deceased did not have qualifying service in the U.S. Armed Forces and therefore is not considered a veteran for VA benefits purposes, denying the appellant's claim for basic eligibility for VA death benefits.

The veteran's application for enrollment in the VA healthcare system was denied because he is not eligible due to being in priority category 8 and his application being received after January 17, 2003.

The veteran's claim for VA educational assistance benefits under Chapter 30, Title 38, United States Code is denied as he did not meet the basic eligibility requirements due to his discharge being described as 'under honorable conditions' but not meeting the alternative requirement of placement on a retired list or reserve component.

The VA determined that the veteran's service-connected shrapnel wounds to his left thigh and foot do not warrant a rating in excess of 10 percent, as there is no evidence of muscle, tendon, bone, artery, nerve, or joint damage.

The veteran's service is not qualifying for VA pension benefits due to the nature of his service in USAFFE and RPA.

The case is being remanded for the appellant's representative to review the claims folder and submit a VA Form 646 on her behalf. The appellant needs to take no further action unless notified.

The veteran's application for enrollment in the VA health care system was denied due to his income exceeding the means test threshold and applying after January 17, 2003.