Other conditions decisions — 2008

The veteran withdrew his appeal regarding the waiver of copayment charges for medical benefits before a decision was made.

The Board has determined that the appellant is eligible for VA death benefits as the surviving spouse of the veteran, based on continuous cohabitation from the date of marriage to the date of the veteran's death.

The appellant's countable income exceeded the maximum allowable rate for a surviving spouse with no children, and thus she is not eligible for improved death pension benefits.

The veteran's claim for VA educational benefits was denied as he did not meet the basic service eligibility requirements provided by law.

The Board has remanded the case to the RO for additional development, including obtaining in-service medical records and VA treatment records. The veteran is also required to provide any relevant private healthcare provider information.

The Board found that the residuals of lower back strain had their onset during active military service and granted service connection for this condition.

The Board denied service connection for inflammatory arthritis and a sleep disorder, finding no evidence of current conditions or causation related to the veteran's active service.

The Board has ordered the Department of Veterans Affairs (VA) to complete further development regarding an overpayment of education benefits. This includes obtaining a copy of the official transcript from TCMC and the Student Permanent Record for the veteran, as well as preparing an accounting of the overpayment period. The RO must provide these documents to the veteran and allow him to respond with any additional evidence he may have.

The Board finds that the preponderance of the evidence does not support a finding of loss of use of the left hand, as there remains gross function of the hand. The veteran is better served by his left hand than he would be by a prosthetic device.

The Board has granted the appellant's request for a waiver of recovery of an overpayment of pension benefits in the amount of $15,411.41 due to financial hardship.

The Board found that the appellant's undesirable discharge was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The veteran is seeking compensation under 38 U.S.C. § 1151 for a nerve disability allegedly resulting from treatment at a VA facility in September 2001. The case has been remanded due to the need to consider additional evidence.

The Board found that the veteran's lung disease and residuals of concussion are not service-connected, as there is no evidence linking these conditions to his active duty service.

The VA denied an initial rating in excess of 10 percent for lumbago, finding that the veteran's symptoms did not meet criteria for a higher rating based on his range of motion and neurological findings.

The Board found that the veteran did not timely file a Notice of Disagreement (NOD) regarding the February 27, 2003 rating decision denying CUE in the February 1981 decision. As a result, the appeal is dismissed.

The Board found no evidence of a hip injury during service and concluded that the current hip disability is not related to service. The claim for secondary service connection was denied.

The veteran's service-connected chronic prostatitis was granted a 60 percent rating for the entire appeal period, effective from November 7, 2003.

The veteran's varicose veins of the right leg were noted upon entrance into service and underwent an increase in severity during service. The Board finds that the presumption of aggravation is applicable, and service connection for this condition is granted.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a perforation of the colon that occurred during a VA-colonoscopy in April 20, 2004. The claim is being remanded due to the need for an impartial medical opinion regarding potential negligence on the part of VA.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance of another or at the housebound rate has been dismissed due to the death of the appellant.