Other conditions Board decisions

The Board has determined that the proper ending date for the veteran's eligibility for Chapter 30 educational benefits is June 1, 2004.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for damage to the neck and larynx as a result of VA cervical spine surgery performed in April 1994, but his appeal was remanded due to insufficient medical opinions regarding the nature and extent of any additional disability associated with the surgery.

The Board found that the veteran's current bilateral foot disorder is not related to his active service and denied his claim for service connection.

The Board has determined that the veteran's current diagnosis of reactive airway disease is related to his service, specifically exposure to gas during basic training. The Board found in favor of the veteran and granted his claim for service connection.

The veteran's service-connected varicose veins of the right leg are currently rated at 20 percent, and his claim for an increased rating is granted.

The Board found that the veteran's service-connected left ulnar nerve neuritis does not meet the criteria for a higher disability rating, as it is currently rated at 30 percent. The condition does not result in complete paralysis of the minor upper extremity.

The veteran's appeal is being remanded for further examination and rating consideration due to the need for clarification of his service-connected left knee disabilities.

The Board granted service connection for presbyopia and refractive error, but denied their entitlement to compensation. The RO subsequently granted a non-compensable rating for the left shoulder disability.

The Board found that the appellant did not have qualifying service for VA pension benefits and denied his claim.

The Board denied service connection for left CVA and dementia, finding that the veteran's CVA was not related to his service-connected shrapnel fragment wound with retained metallic fragments in the scalp.

The veteran seeks service connection for residuals of a right foot injury, but the case is being remanded to obtain additional medical records and determine if there are any relevant exposure bases.

The Board found that the veteran's preexisting hammertoes, both feet, clearly existed prior to service and did not permanently increase in severity during service. Therefore, service connection for hammertoes, both feet, is not warranted.

The Board has remanded the case for additional development due to VCAA compliance issues and to obtain relevant medical records.

The Board denied the veteran's claims for service connection for ulcerative colitis and an increased evaluation for right posterior compartment muscle pain with musculofascial symptoms, finding that there was no evidence of a chronic condition during service or within the applicable presumptive period.

The Board found that the veteran's wife's income from 2001 and 2002 should be included as countable income for his initial award of improved pension benefits, thus denying the veteran's appeal.

The Board denied the appellant's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code because she was not legally married to the veteran at the time of his death and thus did not qualify as a surviving spouse.

The Board found that the veteran did not serve in combat with the enemy and there is no credible evidence of gunshot or bayonet wounds during service. The VA also could not locate any medical records from his hospitalization for these injuries. As a result, the claim was denied as residuals of gunshot and bayonet wounds were neither incurred nor aggravated by active duty military service.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA benefits due to her divorce from the veteran prior to his death.

The Board has determined that the veteran's current residuals of a cerebrovascular accident are likely due to VA treatment in May 1994, and thus grants compensation benefits under 38 U.S.C.A. § 1151.

The veteran's waiver request for overpayment of improved nonservice-connected disability pension benefits was granted due to financial hardship.