Other conditions decisions — 2010

The Board found that the September 1968 rating decision is final and denied the claim for clear and unmistakable error. The effective date of the increased rating for moderately severe dysphonia with destruction of the left vocal cord and disfiguration of the right vocal cord was not earlier than July 14, 2005.

The Veteran's additional disability resulting from a November 2005 vasectomy and follow-up care by VA is granted, as the proximate cause of the disability was not reasonably foreseeable.

The Board has determined that the Veteran's service-connected right hand rash does not meet the criteria for a compensable disability evaluation.

The Veteran is found to have atherosclerotic cardiovascular disease with bilateral peripheral vascular disease that was aggravated by his service-connected hypertension, and therefore granted service connection on a secondary basis.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically immature personality disorder, was denied as there is no current diagnosis of a mental disability.

The Board denied retroactive dependency benefits for the Veteran's former spouse, J, as he did not timely notify VA of his marriage and subsequent divorce from her.

The Veteran's spouse is granted an increased apportionment of $589 monthly, as this amount does not cause the Veteran undue hardship.

The Board denied the appellant's claim for education benefits under Chapter 35, Title 38, United States Code (Dependents' Educational Assistance Program) for enrollment in on-line training at the Richard McKenna Charter High School in Mountain Home, Idaho due to the school not being approved by the State approving agency.

The Veteran's service-connected amputation, distal joint, left index finger is currently rated at 10 percent. The initial compensable rating for scarring of the left hand was granted. Service connection for asbestosis and degenerative joint disease, left hand were denied.

The Board denied the Veteran's claims for educational assistance benefits under Chapter 1606 and Chapter 1607 of Title 10, United States Code due to a lack of eligibility based on his service in the Individual Ready Reserve (IRR).

The Board denied the Veteran's application for nonservice-connected pension benefits due to his income exceeding the maximum annual disability pension limit set by law.

The Board has ordered additional development due to incomplete records and the need for a copy of an initial denial letter.

The Board denied the appellant's motion to revise or reverse its December 24, 2008 decision granting a 70 percent disability rating for dysthymic disability as of January 21, 1993. The Board found that the appellant did not adequately set forth allegations of clear and unmistakable error (CUE) in the prior decision.

The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in creating the debt as a fugitive felon.

The Board has determined that the Veteran's condition was stable enough for transfer to a VA facility by June 28, 2007. Therefore, reimbursement or payment is granted for unauthorized medical services rendered from June 26 to June 28, 2007.

The Board has granted the Veteran's request to reopen his claim for service connection for a left eye defect of vision, and will now proceed with deciding whether he is entitled to this benefit on its merits.

The Veteran's claim for higher ratings for his hydrocele of the right testicle as a residual of a vasectomy was denied. The RO initially confirmed and continued the noncompensable rating, but later increased it to 20 percent effective May 21, 2004, and to 40 percent since November 1, 2006.

The Board denied the appellant's request to reopen her previously denied claim of entitlement to non-service-connected death pension benefits, finding that the newly submitted evidence did not relate to an unestablished fact necessary to substantiate her claim.

The Board found that there was no evidence to support the claim of service connection for anaplastic astrocytoma, and thus denied the Veteran's appeal.

The Board found that the Veteran's pulmonary fibrosis was not incurred in or aggravated by active service.