Other conditions decisions — 2008

The veteran's claim for retroactive educational benefits from September 10, 2003 to May 5, 2004 is denied as the earliest commencing date under VA regulations is one year prior to receipt of his application on May 6, 2005.

The Board found that the appellant is not entitled to reinstatement of VA death pension benefits due to her remarriage, which was terminated by divorce in November 1992. The appellant's remarriage ended her status as the surviving spouse of the veteran and thus terminated her eligibility for death pension benefits.

The Board has granted service connection for an eye disorder (conjunctivitis) but denied service connection for a respiratory disorder.

The veteran's claim for non-service-connected pension benefits is denied as he did not have qualifying wartime service.

The veteran's claims for service connection for photophobia and dizziness and lightheadedness were denied, while the claim for an increased rating for PTSD with depression was also denied. The veteran is not entitled to a higher initial rating for his PTSD.

The Board denied the veteran's claim for an extension of the delimiting date for education assistance benefits under Chapter 30, finding no legal authority to award such benefits.

The Board has determined that the appellant's notice of disagreement was untimely and has remanded the case for further review, including scheduling a Travel Board hearing.

The Board denied the veteran's request for waiver of overpayment of improved pension benefits in the amount of $16,026 due to his misrepresentation of income.

The veteran's claim for a waiver of recovery of an overpayment of Chapter 30 educational assistance benefits is being remanded due to the need for additional development, including submission of updated financial status reports and documentation regarding duty status.

The veteran's claim for service connection for postoperative residuals of a detached retina of the right eye is being remanded due to incomplete information about his military service. The exact dates he served on Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA) need to be verified.

The veteran's request for additional tutorial assistance benefits was denied as the maximum amount of $100 per month has already been awarded. The appeal is based on a misunderstanding or misapplication of the law rather than any legal entitlement to further benefits.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for a new medical opinion regarding whether the veteran's death may be associated with his military service, specifically presumed exposure to herbicides like Agent Orange. The issue of Dependents' Educational Assistance under 38 U.S.C.A, Chapter 35 is inextricably intertwined and cannot be decided at this time.

The Board has dismissed the appeal due to the appellant's withdrawal of all issues in this appeal.

The Board found that the veteran's left eye blindness was not caused by VA treatment, and denied his claim for compensation under 38 U.S.C.A. § 1151. The increased rating claims were also denied.

The Board found that the veteran's heart condition did not meet the criteria for a higher evaluation prior to February 11, 2005 and since then. The evidence showed no significant cardiac manifestations or abnormalities.

The Board found that the veteran's current neck symptoms are not due to his service-connected chronic neck strain disability and denied a compensable rating.

The Board found that the veteran's bladder and bowel dysfunctions are not service-connected, as there is no evidence showing they were incurred or aggravated by his military service.

The Board denied the appellant's application to reopen his claim for VA benefits based on character of discharge from active duty, finding no new and material evidence was submitted.

The Board granted separate compensable ratings of 10% for tender and painful scars on the left thigh, right thigh, and right forearm and hand as residuals of service-connected shell fragment wounds. The chest scar was not separately rated due to its location.