Other conditions decisions — 2007

The Board finds that the veteran's income was excessive for purposes of eligibility for increased non-service connected pension based on the need for aid and attendance prior to 2006. However, beginning in 2006, the veteran's income has not been excessive for this purpose.

The veteran's recognized guerrilla service from November 1944 to May 1945 is not considered active military, naval or air service for VA non-service connected disability pension benefits purposes. Therefore, the veteran does not meet the basic eligibility requirements for such benefits.

The Board has remanded the case due to incomplete information regarding the appellant's military service and need for further development.

The Board has determined that the VA examination is inadequate and requires a new one, as it did not address the veteran's claims for service connection for his muscle condition affecting the arms, back, and neck.

The veteran's claim for reimbursement of medical expenses is being remanded due to inadequate notice and development under the VCAA.

The Board has remanded the case due to incomplete notice and additional due process considerations are required before reviewing these claims.

The Board denied an increased rating for bilateral pterygium, finding that the current noncompensable evaluation adequately reflects the veteran's symptoms and disability.

The Board has remanded the case due to additional evidence submitted by the appellant's daughter, and further development is needed before a final decision can be made.

The veteran's claim for an effective date earlier than November 16, 2005, for a 100 percent rating for service-connected bronchiectasis of the left lower lobe with residuals of a lobectomy was denied as it was not factually ascertainable that an increase in severity had occurred prior to August 23, 2004.

The case is being remanded for further testing and counseling by a counselor who has not previously counseled the veteran, as well as obtaining his current VA clinical records. The determination will be reconsidered based on this additional information.

The appellant is granted monetary allowance as a child of a Vietnam veteran with spina bifida.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA improved pension benefits in the amount of $15,255 due to fault on his part and lack of undue hardship.

The VA has determined that the veteran's right hip disability, resulting from a total hip replacement, does not warrant a rating higher than 30 percent.

The veteran's appeal for non-service connected disability pension benefits was denied because his service did not meet the required criteria of 90 days of active duty during a period of war, as indicated in his personnel records and confirmed by further investigation. The veteran had lost time from his military service due to civilian imprisonment.

The Board has granted a 70 percent evaluation for the veteran's post-operative residuals involving the left arm and hand, effective from when the current 60 percent rating was assigned.

The Board found that the veteran's congenital heart valve defect existed prior to service and was not aggravated by service. The Board also determined that it is not proximately due to or the result of his service-connected diabetes mellitus.

The veteran's service-connected status post bone spurs of the fifth toe, bilaterally, with status post osteomyelitis of the right fifth toe does not meet the criteria for a higher evaluation as it does not result in moderate foot injury or affect an area of 6 square inches or more.

The VA Board found that the veteran's current bullous emphysema is not related to his military service, including any alleged mustard gas exposure.

The Board found that the veteran's current fistula disorder and perianal abscesses are not related to his service, specifically noting that there was no evidence of a fistula or abscess during service. The Board concluded that the post-service fistula disorder is not attributable to service.

The Board denied service connection for residuals of left leg injury and a skin disorder, finding no evidence of current disabilities related to the inservice injuries.