Other conditions decisions — 2010

The Veteran withdrew her claims for increased evaluations of knee and hip conditions, as well as for service connection for an acquired psychiatric disorder.

The Veteran's appeal of the validity of a debt in the amount of $451.48 from overpayment of MGIB education benefits for on-the-job training is dismissed as there are no longer allegations of errors of fact or law to consider.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded to the AOJ for review of new evidence and preparation of a supplemental statement of the case.

The Board denied the appellant's claim as she is not recognized as a surviving spouse for VA death benefits purposes due to the legal impediment of her marriage being invalid under Philippine law.

The appellant is not eligible for Chapter 35 educational benefits prior to October 1, 2006 due to the date of her claim. The effective date for any retroactive payment would be one year after the date of receipt of her claim.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefit purposes due to a prior divorce and lack of legal cohabitation at the time of the Veteran's death.

The Veteran's claim for service connection for acute myelocytic leukemia, claimed as due to exposure to ionizing radiation during active duty, is being remanded for further development and consideration. The case will be reviewed by the Under Secretary for Health to determine if it is at least as likely as not that the condition was caused by such exposure.

The Veteran's death is found to be the result of complications stemming from a VA surgical procedure, meeting the criteria for DIC benefits under 38 U.S.C.A. § 1151 and VA burial benefits.

The Board has remanded both issues for further development and consideration, including obtaining additional medical records and scheduling a VA examination.

The Veteran's claims for residuals of gonorrhea and osteomyelitis of the left heel have been denied as new and material evidence has not been submitted. The claim for a nervous disorder is reopened, but service connection remains denied.

The Veteran does not have a current diagnosis of a sleep disorder and the Board finds that her reported sleep problems are better explained by her service-connected PTSD.

The Board found that the Veteran was not entitled to educational benefits under Chapter 1606, Title 10, United States Code as of October 27, 2004. Therefore, the overpayment of $316.80 created as a result of the payment of educational benefits from October 1, 2004 to November 30, 2004 was validly created and the appeal is denied.

The Board finds that the appellant is not eligible for death pension benefits due to lack of service in the U.S. Armed Forces, and thus denies entitlement to nonservice-connected death pension benefits.

The Board of Veterans' Appeals has remanded the case for further development due to a need for a VA opinion regarding whether the appellant was insane at the time of his offense, and for consideration of new evidence submitted by the appellant.

The Veteran's spondylolisthesis of the lumbosacral spine is currently rated at 20 percent, but does not meet the criteria for a higher rating based on severe limitation of motion or incapacitating episodes.

The Board has determined that the criteria for a rating in excess of 10 percent for the service-connected Dupuytren's contracture of the left palm have not been met. The preponderance of the evidence is against an increased rating, thus, the benefit of the doubt rule is not for application.

The Board denied an initial rating in excess of 10 percent for residuals of left eye chalazia, finding that the Veteran's loss of visual acuity was not a residual of his service-connected condition.

The Board has granted service connection for PDS and denied service connection for Gingivitis. The Veteran's lumbar spine disability is rated based on its current manifestations prior to November 2, 2005.

The Veteran's appeal is remanded due to the need for a new VA examination and compliance with notification requirements.

The Veteran's cause of death was not service-connected, but he had been receiving total disability compensation for a continuous period. Therefore, his surviving spouse is denied Dependence and Indemnity Compensation under 38 U.S.C.A. § 1318.