Other conditions Board decisions

The Board found that the veteran's squamous cell carcinoma was not misdiagnosed or should have been diagnosed at an earlier point, and there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers. Therefore, the requirements for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 were not met.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for pancreatitis and residuals of head trauma, including headaches and blackouts. The appellant's initial claims were denied in 1986 and 1997 respectively, and no new or material evidence was presented since those decisions.

The appellant is over the age of 23 and has been married since age 21, so she does not meet the legal eligibility requirements for VA benefits as a child of the veteran.

The Board found that the overpayment of educational assistance benefits in the amount of $782, paid pursuant to Chapter 30, Title 38, United States Code, was properly created and denied the veteran's appeal.

The Board has determined that the appellant is not entitled to recognition as a surviving spouse of the veteran for the purpose of receiving VA benefits due to the marriage occurring within 15 years of the veteran's separation from military service.

The veteran's appeal is about the evaluation of his right elbow disability. The case has been remanded due to a hearing issue.

The Board has determined that the veteran's claimed visual impairment, including myopia, was not incurred or aggravated by active military service. Additionally, the veteran's service-connected vertigo and headaches have been evaluated as they currently manifest, with no additional increase in evaluation warranted.

The Board has determined that the appellant's income exceeds the maximum annual pension rate for a helpless child, thus denying her claim for improved death pension benefits.

The Board denied the veteran's claim for compensation benefits for the residuals of an injury to his back and neck, as there was no evidence of a service-connected condition during a period of VA-authorized Vocational Rehabilitation.

The veteran's claims for higher ratings are being remanded to the RO for further development and consideration, including scheduling a hearing before a local hearing officer and providing an appropriate Supplemental Statement of the Case (SSOC) addressing his right thumb disability.

The veteran's service-connected shrapnel injuries of the left posterior thigh and elbow have been evaluated at 10 percent, which is the maximum schedular rating available for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for urticaria/hives, which was previously denied in July 1992. The veteran's current treatment with Atarax daily since 1989 is considered significant.

The Board has determined that the veteran's service-connected scar, residual of a ventral hernia repair, does not warrant an increased evaluation as it is essentially asymptomatic and does not meet the criteria for any higher rating under applicable diagnostic codes.

The Board granted service connection for arthritis of the left thumb, finding that it was incurred in service. The other issues (tinea pedis and a skin condition) were not addressed due to remand.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for meatal stenosis, finding that his symptoms did not meet the criteria for a higher evaluation.

The Board has determined that the veteran's residuals of a right lung apex partial spontaneous pneumothorax are primarily manifested by chronic recurring chest pain especially on strenuous activity and exposure to cold weather due to related pleural adhesions and scarring, warranting an increased (compensable) evaluation of 10 percent under the old criteria.

The Board has granted the veteran's request for an extension of his delimiting date for educational assistance under Chapter 1606, Title 10, United States Code, based on his service during the Persian Gulf War.

The veteran's service is not considered qualifying for the benefit sought, and therefore the appellant has no legal entitlement to VA survivors' pension benefits.

The Board denied the appellant's claim for VA benefits due to a lack of valid documentation verifying his qualifying military service, and evidence obtained by VA from United States military records custodians showed no qualifying military service for VA benefits purposes.

The Board denied the reopening of the claim for service connection for a lung disorder, finding that new and material evidence had not been submitted.