Other conditions Board decisions

The veteran's son is not eligible for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to the appellant reaching his 26th birthday before the effective date of the permanent and total disability rating.

The veteran's claim for reimbursement of an Ultrasound Physics and Instrumentation examination taken on October 3, 2002 is denied as she filed her application for VA education benefits too late.

The Board denied the claim as the law does not authorize payment of a nonservice-connected survivor's pension beyond November 1, 2003.

The veteran's appeal for service connection for the residuals of a stroke has been dismissed due to his death.

The VA denied retroactive payment of Dependents' Educational Assistance (DEA) benefits for the veteran's daughter, as the earliest date of eligibility was August 28, 2001.

The veteran's claim for service connection for bilateral posterior subcapsular cataracts, claimed as a result of exposure to ionizing radiation, is being remanded due to the need for updated dose estimates from DTRA.

The veteran's service-connected conversion disorder was not rated as 100% disabling for the ten years immediately preceding his death, thus denying DIC benefits under 38 U.S.C.A. § 1318.

The veteran does not have a permanent and total disability, and the appellant is not legally his spouse due to their divorce. Therefore, the appellant is not eligible for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board found no clear and unmistakable error in the September 1965 rating decision that reduced the veteran's disability evaluation for traumatic brain disease from 50% to 30%. The reduction was consistent with VA regulations at the time.

The Board denied an increased evaluation for the service-connected herniated disc at L5-S1 and degenerative changes at L4-L5 and L5-S1, currently rated as 40 percent disabling. Separate ratings of 10 percent were granted for associated neurologic abnormalities in each lower extremity.

The Board denied service connection for a hiatal hernia with reflux and sexual dysfunction due to an undiagnosed illness, finding no evidence of such conditions during active service or within one year post-service separation.,The veteran's current sexual dysfunction is considered a diagnosed condition rather than an undiagnosed illness.

The VA denied the veteran's claims for increased evaluations for his service-connected shell fragment wound residuals of the left hip and buttock, as well as a low back disability. The evidence did not meet the criteria for higher ratings under applicable rating criteria.

The VA denied a higher disability rating for the veteran's service-connected chronic epidermophytosis, currently rated at 30 percent.

The veteran's claim for service connection for abdominal pain was denied on the merits. However, his claim for an increased rating for low back pain was granted with a 30% disability rating effective September 28, 2004.

The VA determined that there is no current diagnosis of a right inguinal hernia, and thus denied the appellant's claim for service connection.

The Board found that the overpayment of $41,580.06 was properly created and not due to sole VA error, as the veteran had been incarcerated for a felony offense.

The veteran's service-connected residuals of a gunshot wound to the left forearm with damage to Muscle Group VI have been rated at 20 percent, effective from December 14, 1982. The Board finds that this rating is appropriate as his condition has not warranted a higher evaluation.

The Board of Veterans' Appeals (Board) has determined that the appellant does not meet the basic eligibility requirements for nonservice-connected pension benefits due to a lack of verified service.

The Board found that the veteran did not develop impotence or urinary incontinence as a result of VA treatment, and thus denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for an increased evaluation for her left pubic ramus fracture and service connection for a left foot disability. The veteran was not granted any new evaluations or benefits.