Other conditions decisions — 2010

The Veteran was granted entitlement to a certificate of eligibility for specially adapted housing under 38 U.S.C.A. § 2101(a) in a May 2007 rating decision, but is not eligible for a special home adaptation grant due to having been awarded a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board has denied the Veteran's claim that his improved (nonservice-connected) pension award was improperly reduced due to a change in income for the period from July 1, 2005 to December 31, 2006. The issue of waiver of overpayment remains pending and requires further development.

The Veteran's service-connected fasciculation syndrome is currently rated at 10 percent, the maximum noncompensable rating. The Board finds that his symptoms more closely approximate a moderate level of severity.

The Board has determined that the appellant's character of discharge for his period of service from December 7, 1950, to November 3, 1953, is a bar to VA benefits due to an undesirable discharge prior to completion of his obligated term.

The Veteran's daughter was removed from his compensation award on her 18th birthday due to reaching the age of majority. She started college after turning 18, and a claim for continued benefits based on school attendance was filed within one year of starting college. However, she did not file a timely request for approval of school attendance before her 18th birthday, which prevented her from receiving compensation during her high school years.

The Veteran's service-connected patellofemoral syndrome, right knee is currently rated at 10 percent and the Board finds that a higher rating is not warranted.

The Board denied the Veteran's claim of entitlement to service connection for multiple tumors, as secondary to herbicide exposure during his military service.

The Board found that the Veteran's vascular disease was not incurred or aggravated during military service and could not be presumed to have been so incurred. The preponderance of evidence is against finding a link between his current condition and his alleged exposure to radiation in service.

The Veteran's lattice degeneration in both eyes with atrophic holes in the left eye is granted service connection. The Board finds that giving the benefit of doubt, HSV1 and HSV2 are also granted service connection as they were incurred during military service. Service connection for sleep apnea/upper airway resistance syndrome is remanded to determine its origin.

The Veteran's claim for a compensable rating for residuals of first degree burns to the right arm and back was denied by the Board. The evidence did not support a higher evaluation as there were no visible scars or functional impairments.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that she was not entitled to retroactive benefits due to her remarriages and the liberalizing law in question.

The Board denied the Veteran's claims for increased ratings for his service-connected left hip strain with myositis and left knee strain with Osgood-Schlatter's disease, finding that he did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has dismissed the appeal due to the appellant's death.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that the newly received evidence does not raise a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran's right eye condition, including loss of vision, was not incurred or aggravated during service and thus denied his claim for service connection.

The Board determined that the appellant did not have qualifying service for VA benefits, and therefore denied legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's vision problems are not service-connected as they are due to aging, and not related to carbon monoxide exposure during active duty.

The Board has denied the Veteran's claim for service connection for left sternoclavicular osteomyelitis, finding that there is no relationship between his current condition and his military service.

The Board denied an increased rating for the Veteran's low back disability, finding that it did not meet the criteria for a higher than 20 percent evaluation based on the current range of motion and lack of other disabling features.

The Board found that the Veteran's inflammatory bowel disease with Crohn's disease existed prior to service and was not aggravated by any period of active service. The Veteran's optic nerve drusen were found to be unrelated to her Crohn's disease.