Other conditions decisions — 2008

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service, as determined by the National Personnel Records Center (NPRC). The NPRC found that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces.

The Board denied the veteran's claims for VA compensation under 38 U.S.C.A. § 1151 for C1-C4 quadriplegia, neurogenic bowel, neurogenic bladder, and impotence due to a cervical surgery in April 1992, finding that the worsening of these conditions was not caused by the surgery.

The veteran is seeking an earlier effective date for the grant of a total rating based on individual unemployability (TDIU) due to service-connected disability. The Board has ordered remand to obtain Social Security Administration records and address whether the January 1999 letter constituted an informal claim.

The veteran's claim for an increased evaluation for his service-connected gunshot wound, right upper chest with residuals of empyema and thoracoplasty is being remanded due to the need for further examination and consideration.

The VA denied a compensable rating for the veteran's service-connected residuals of a laceration to the index finger of his right hand, finding that the disability did not meet the criteria for a higher evaluation.

The Board found that the termination of the veteran's VA improved pension benefits effective as of August 14, 2002 was proper due to his incarceration for a felony conviction. The overpayment of Department of Veterans Affairs improved pension benefits in the amount of $5002.80 was also deemed proper.

The Board finds that due process requirements necessitate a second remand of the veteran's increased rating claims.

The veteran withdrew his appeal before the Board promulgated a decision.

The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318 was denied because the veteran did not meet the eligibility requirements.

The veteran's residuals of cold injury of the left foot were found to not include tissue loss, nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, or x-ray abnormalities. Therefore, a rating in excess of 10 percent is not warranted.

The veteran is entitled to a temporary total rating of one month under 38 C.F.R. § 4.30, and a 100 percent rating for one year thereafter pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5054.

The overpayment of VA disability compensation benefits in the amount of $18,153.59 was improperly created due to administrative error, and the issue of waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $14,534.40 is now moot.

The appellant's service did not meet the required threshold for eligibility for VA nonservice-connected disability pension benefits due to insufficient active service during a wartime period.

The Board denied the veteran's application to reopen a claim of service connection for polio, as new and material evidence was not provided.

The Board remands the case to obtain additional outpatient treatment records from Womack Army Community Hospital for further evidentiary development.

The Board denied the veteran's claim for service connection for chronic urinary tract infections as there was no evidence of a nexus between the current disability and her periods of active duty.

The appeal is remanded for additional development, including obtaining records from the veteran's private neurologist and re-evaluating the claim.

The appellant was not the lawful spouse of the veteran at the time of his death and is denied recognition as the veteran's surviving spouse for VA benefit purposes.

The issues of entitlement to service connection for residuals of a head injury and encephalitis were remanded for additional evidence, specifically an opinion from a medical specialist.

The case is remanded for further development to address the etiology of the veteran's death and eligibility for Dependents' Educational Assistance.