Other conditions Board decisions

The Board has determined that the appellant did not have valid military service with the United States Armed Forces, and therefore is not considered a 'veteran' for purposes of receiving VA benefits.

The Board has granted the waiver of repayment for overpayment of non-service connected death pension benefits in the amount of $7,049.00 due to the appellant's fault and considering her financial situation.

The veteran is seeking an increased rating for her service-connected thoracic spine disability, currently rated at 10 percent. The RO has remanded the case to allow for further examination and assessment of the veteran's condition.

The Board denied a waiver of recovery for an overpayment of improved Department of Veterans Affairs (VA) pension benefits in the amount of $10,697 due to the veteran's failure to report income changes promptly. The decision found that the veteran contributed to the creation of the debt and that collection would not result in financial hardship or deprivation of basic necessities.

The veteran is dissatisfied with the initial 20 percent rating assigned for his service-connected residuals of a stroke (a small left thalamic infarct), secondary to hypertension. The RO has increased the rating to 20 percent, effective April 1, 1997.

The Board has determined that the cause of the veteran's death, severe cerebral laceration due to or as a consequence of gunshot wound of the mouth, is not service-connected.

The Board denied the veteran's claims for service connection for a skin disorder and right great toe disorder in June 1991. The current evidence does not provide new and material evidence to reopen these claims.

The Board denied the veteran's claim for service connection for Peyronie's disease, finding that there was no evidence to support a relationship between his radical prostatectomy and the development of Peyronie's disease.

The Board found that the apportionment award was appropriate and did not cause undue hardship to the veteran, as it does not detract from his entitlement to VA pension benefits.

The Board has determined that the preponderance of the evidence is against the veteran's claim for service connection for degenerative joint disease of the spine, as there is no showing of arthritis during or within one year after service and the current condition is not related to his parachute injury.

The VA determined that the veteran's bilateral varicose veins did not warrant an evaluation in excess of 30 percent.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a right leg injury, finding that new and material evidence sufficient to warrant reopening had not been submitted.

The Board has determined that the denial of the veteran's request for a treadmill is not within its jurisdiction due to it being a medical determination.

The Board has denied the veteran's claims for an increased evaluation and earlier effective date for service connection of post-traumatic-stress-disorder. The veteran was previously denied service connection in 1976, but his claim was reopened due to new evidence submitted by him.

The VA determined that there is no current evidence of bilateral otitis media and thus the claim for service connection was denied.

The VA has granted the appellant nonservice-connected pension benefits based on a cardiovascular disorder. However, they have not determined whether he is in need of regular aid and attendance due to mental or physical incapacity as required for special monthly pension.

The Board has denied the veteran's claims for service connection for psychogenic gastrointestinal reaction manifested by diarrhea and amebic dysentery, as well as his claim for an increased evaluation for hemorrhoids. The Board found that new and material evidence had not been presented to reopen these claims.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the spine and an initial rating for residuals of a compound fracture of the left femur, finding that there is no evidence to support his assertions of in-service injury or continuity of symptomatology.

The veteran's service records show active, honorable service from December 1, 1960 to November 30, 1962. However, no foreign and/or sea service is noted on the veteran's DD Form 214. The Vietnam era in this case would not begin until August 5, 1964, after the veteran's discharge from service. Therefore, the veteran does not meet the basic eligibility requirements for nonservice-connected disability pension purposes.

The Board has determined that the veteran's deviated nasal septum and chronic post-nasal drip are service-connected, with no issues regarding exposure or presumption of service connection.