Other conditions decisions — 2008

The Board denied the veteran's request for a waiver of overpayment of non-service-connected VA pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the overpayment.

The veteran's claim for an earlier effective date for nonservice-connected pension benefits was denied as he did not file a timely claim within one year of becoming permanently and totally disabled.

The veteran's claimed full body disorder, loss of the sense of smell, bone marrow disorder, spinal disorder, bladder disorder, and colon disorder have not been shown to be related to his active service or exposure to PCBs.

The Board has determined that the veteran's currently shown bilateral eye condition, including cataracts and pseudophakia, was not incurred in or aggravated by active service.

The Board has determined that the veteran does not have a current diagnosis of panic disorder and therefore service connection for this condition is denied. The issue of service connection for urinary tract infection remains pending.

The Board denied the veteran's claims for an increased rating for bursitis of the right shoulder and service connection for PTSD.

The Board denied the veteran's claim to reopen his service connection for periodontal disease, finding that no new and material evidence had been submitted.

The Board has determined that the appellant does not have qualifying service with the United States Armed Forces and therefore is not a 'veteran' for purposes of VA disability benefits. As such, his claim to establish basic eligibility for VA benefits remains denied.

The veteran's daughter, who was stillborn with spina bifida, is not eligible for VA compensation under the provisions of 38 U.S.C.A. § 1805 (West 2002) because she died before October 1, 1997.

The Board has determined that the appellant's net worth is a bar to VA death pension benefits, and thus denied her claim.

The appellant has withdrawn her appeal regarding the termination of death pension benefits effective May 1, 2006 due to household income. As a result, the Board dismissed the appeal.

The Board has determined that the veteran's current respiratory disability is not related to his military service and therefore denied his claim for service connection.

The veteran's claim for reimbursement of treatment-related transportation expenses incurred on December 5, 2004 was denied because his income exceeded the maximum annual pension rate (MAPR) and he did not meet the criteria to be considered unable to defray the costs.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on July 11, 2004 was denied as the claim was not received within 90 days after discharge from the private hospital.

The case is being returned to the RO for scheduling a Travel Board hearing at the Columbia, South Carolina Regional Office.

The veteran's appeal is being remanded for further development of his claims, including obtaining medical records from various VA facilities and a private hospital. The case will be reviewed again after the additional development.

The veteran withdrew her appeal before the Board could make a decision.

The veteran's claims for SMC based on the need for aid and attendance or loss of use due to deafness were denied as a result of his failure to report for scheduled VA examinations.

The Board denied the veteran's claims for an increased evaluation and TDIU based on his service-connected left foot condition, finding that the current rating of 20 percent was appropriate given the aggravation of a pre-existing disability.

The Board previously denied the veteran's claim for service connection for cause of death and entitlement to Dependents' Educational Assistance (DEA). The case is being remanded due to a need for additional medical opinions regarding the potential link between Agent Orange exposure and the veteran's terminal cancer.