Other conditions Board decisions

The veteran's cause of death was listed as metastatic rectal cancer. The Board found that the service-connected conditions did not contribute to his death and there were no pending claims at the time of his death, leading to denial of service connection for the cause of death. There is also no legal entitlement to accrued benefits due to lack of a pending claim at the time of the veteran's death.

The Board has determined that the appellant's spouse did not have qualifying service under U.S. Armed Forces, and thus is not considered a veteran for purposes of VA death benefits. As such, new and material evidence was not received to reopen the claim.

The Board has denied the veteran's claim for service connection for a left spermatocele, as no new and material evidence was submitted to reopen the previously denied claim. The issue of an initial evaluation in excess of 40 percent for diabetes mellitus on or after December 16, 2002 is also denied.

The Board found that the appellant's medical conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance of another person or being housebound.

The Board denied the claims for service connection for the cause of the veteran's death, accrued benefits, and non-service-connected death pension benefits due to a lack of evidence linking any current conditions to service.

The Board has determined that an earlier effective date for the grant of dependency and indemnity compensation benefits is not warranted, as the claim was received more than one year after the veteran's death.

The Board denied service connection for a skin condition and respiratory disorder, but granted service connection for PTSD with a 50 percent evaluation. The veteran's TDIU claim was also denied.

The Board has determined that the veteran's prostatitis is related to his active service, and thus grants the claim for service connection.

The veteran's appeal for service connection for colon cancer has been dismissed due to his death.

The veteran's claim for reimbursement of the $700 cost of ambulance transport to a VA facility was denied because he did not meet the income threshold required by VA regulations, and there were no service-connected conditions involved.

The veteran's character of service is a bar to eligibility for educational assistance benefits under Chapters 30, 32, and 1606 due to his entry-level uncharacterized administrative separation. The Board denies the claim as there is no legal basis for entitlement.

The Board denied the veteran's claim for an earlier effective date of December 14, 1994, for a total rating based on individual unemployability (TDIU). The decision found that no increase in disability occurred prior to this date and that the claim was received within one year from when it could be ascertained.

The veteran's claim for service connection for bilateral nuclear sclerosing cataracts and posterior subcapsular cataracts is being remanded due to incomplete development of the claims folder.

The Board found that the veteran's service-connected lumbar disability did not meet or more nearly approximate the criteria for a rating in excess of 10 percent under any applicable diagnostic codes, and thus denied his claim for an increased evaluation.

The VA denied an increased initial evaluation in excess of 10 percent for the veteran's service-connected varicose veins, left leg, status post surgical stripping.

The VA has granted the veteran's increased rating claim for fibrosed cortical defect (dysplasia) of the right upper tibia, currently rated at 20 percent. The disability is characterized as moderate knee disability.

The veteran's left knee disability, characterized by chondromalacia and degenerative joint disease, is currently rated at 20 percent. The Board has determined that the evidence supports a higher rating of 30 percent based on functional loss due to pain.

The Board has granted the appellant's request to waive recovery of an overpayment of VA improved death pension benefits in the amount of $10,341. The decision is based on the factors of equity and good conscience.

The VA denied the appellant's request for retroactive payment of Dependents' Educational Assistance due to her application being received over one year after her enrollment period ended.

The veteran has been granted compensation for ilio-inguinal neuritis resulting from VA left groin surgery performed on September 13, 1997. The disability is considered to be the result of a foreseeable event.