Other conditions decisions — 2008

The veteran's request for payment for enrollment in an associate's degree course at Palomar Community College from January 17, 2006 to May 19, 2006 is denied as simultaneous payment for two different educational programs during the same time period is not allowed.

The Board found that the evidence submitted since the prior decisions is cumulative and does not raise a reasonable possibility of substantiating the claim, thus denying the reopening of the previously denied claim for eligibility for VA death benefits.

The veteran's claim for increased disability ratings for varicose veins with superficial thrombophlebitis, left lower extremity was denied as the evidence did not meet the criteria for a higher rating prior to May 3, 2007 and on or after May 3, 2007.

The VA has determined that the veteran's spondylolisthesis at L5-S1 does not warrant a higher rating than 20 percent, as there is no evidence of severe degenerative disc disease or severe limitation of motion.

The Board has determined that the appeal for service connection for the cause of the veteran's death is moot due to a prior award of DIC benefits. The appellant does not have a claim for accrued benefits as her husband had no pending claims at the time of his death and did not have any unpaid benefits. The appellant is also not eligible for nonservice-connected death pension benefits.

The Board denied the veteran's application to reopen his previously denied claim of eligibility for VA benefits based on his alleged active service in the U.S. Armed Forces, finding that new and material evidence had not been submitted.

The Board has determined that the appellant does not meet the criteria for entitlement to basic eligibility for VA nonservice-connected pension benefits due to a lack of qualifying service.

The Board has ordered a remand due to the need for additional medical records and examination. The veteran's claims for service connection are pending.

The veteran died of a non-service-connected cause and was not in receipt of VA compensation or pension at the time of his death. Therefore, he is not eligible for a burial allowance.

The veteran's claim for service connection for PTSD is being remanded due to the need for a new VA examination.

The Board found no evidence of a current disability or head injury in service that led to chronic disability, and thus denied the veteran's claim for service connection.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA Chapter 1606 educational assistance benefits in the amount of $2,037.69 due to lack of fraud, misrepresentation or bad faith on his part.

The Board denied service connection for a skin disease involving the arms, hands, and feet due to exposure to an herbicide agent. The veteran's claim was not granted as there is no evidence of a current disability or continuity of symptomatology related to his service.

The veteran's claim for service connection for a respiratory disorder due to asbestos and/or cold exposure in service was denied as there is no current evidence of such a condition.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at North Mississippi Medical Center on July 7, 2006 due to the emergency room treatment not meeting the criteria for emergency treatment under VA regulations.

The Board has determined that the veteran's treatment at Cape Coral Hospital from March 4, 2006 to March 10, 2006 was for a continued medical emergency and thus payment or reimbursement is warranted.

The veteran incurred a urethral stricture during active service, manifested by blood in the urine; he underwent surgical dilation and has been treated for residuals continuously since service. The Board finds that the criteria for entitlement to service connection have been met.

The Board denied the veteran's claims for initial compensable ratings for her service-connected residuals of a right fifth toe fracture and fibrocystic breast disease, finding that the evidence did not support higher evaluations.

The Board found that the veteran does not have arthritis of either foot and denied his claim for service connection.

The Board found that the veteran's personality disorder existed prior to service and was not aggravated by any incident in service. Therefore, his acquired psychiatric disorder is denied as it cannot be presumed to have been incurred therein.