Other conditions Board decisions

The VA denied an increased rating for Epstein-Barr syndrome, currently evaluated as 30 percent disabling.

The Board has determined that the veteran's current eye conditions, including refractive error, presbyopia, anatomic narrow angles, esophoria, cataracts, and age-related macular degeneration are not related to his service or any incident therein. Therefore, the claim for service connection for residuals of a right eye injury is denied.

The veteran's service with the New Philippine Scouts did not qualify for nonservice-connected death pension benefits as it was not considered active military, naval, or air service during a period of war.

The Board found that the overpayment of DEA benefits was not properly created due to the veteran's daughter's election for chapter 35 education benefits, which caused a retroactive payment. The veteran did not have actual knowledge of this until notified by the RO in Oakland.

The Board found no evidence of a groin injury sustained in service and concluded that the veteran's current condition is not related to his military service.

The Board found that the veteran's cold induced urticaria is currently well controlled by medication and avoidance of cold temperatures, and thus does not warrant an evaluation greater than 10 percent.

The Board denied the appellant's claims for service connection for fibrous mesothelioma and pulmonary fibrosis, finding no evidence of these conditions during or after service. The claim to reopen the pulmonary fibrosis was also denied.

The Board found that the appellant had no recognized military service with the Armed Forces of the United States and therefore denied his claim for VA benefits.

The Board has determined that the veteran's service-connected residuals of meningoencephalomyelitis involving both lower extremities warrant a 40 percent rating for each leg.

The Board denied the veteran's request for an earlier effective date of July 3, 1998, for the grant of service connection for multiple disabilities and a total disability evaluation based on individual unemployability. The decision was based on the fact that the veteran did not appeal the November 1995 rating decision denying service connection.

The Board found that the veteran's lung condition is not service-connected due to a prohibition on service connection for death or disability resulting from tobacco use during service. The skin disorder claim was denied as new and material evidence did not establish a causal link between the condition and military service.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for a bilateral foot disorder due to lack of well-groundedness. The appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, increased DIC based on need for regular aid and attendance or housebound status, and continued payment of Chapter 35 benefits. The decision was based on the prohibition against service connection for tobacco-related disabilities enacted in 1998.

The Board denied the appellant's claim for Department of Veterans Affairs improved death pension benefits as she is not considered to be the veteran's surviving spouse for VA improved death pension purposes.

The Board found that the veteran's cause of death, terminal pneumonia, was not incurred in or aggravated by service and denied the claim for service connection.

The Board of Veterans' Appeals has denied the veteran's claim for a permanent and total disability evaluation for pension purposes due to his nonservice-connected disabilities, as they do not render him unemployable.

The Board has determined that the veteran's chest and back injuries are not proximately due to or the result of his service-connected left knee disability, and thus service connection for these conditions is denied.

The Board denied the veteran's request for waiver of recovery of his overpayment of nonservice-connected pension benefits, finding that his failure to report his spouse's income was an act of bad faith.

The veteran requested an earlier effective date for receiving additional compensation allowance for his dependent spouse, but the RO determined that no such effective date could be granted due to lack of evidence and compliance with VA regulations.

The veteran's claim for a higher rating for his service-connected shell fragment wound to the left hand is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination. The issue of whether he should be awarded separate ratings for degenerative osteoarthrosis of the left interphalangeal joints is also pending.