Other conditions decisions — 2006

The veteran is seeking compensation benefits for a cerebral vascular accident (CVA) resulting from VA treatment for polycythemia. The case has been remanded to obtain an examination and determine if the veteran's CVA was caused by VA care or negligence.

The Board finds that the appellant does not have recognized service as a member of the Philippine Commonwealth Army, and therefore is not eligible for VA benefits.

The Board dismissed the appellant's appeal because her substantive appeal was not filed within the required time frame.

The veteran's claims for service connection for abnormal cholesterol, grinding of the teeth, impotence, and insomnia are being remanded due to inadequate VCAA notice.

The Board has determined that the veteran's bilateral nuclear sclerosing cataracts and posterior subcapsular cataracts are not related to service or an incident of service origin, including in-service exposure to ionizing radiation.

The Board found that the veteran's cerebrovascular accident was not caused by VA medical care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found that the service-connected myositis ossificans of the right quadriceps did not warrant a rating higher than 10 percent, as it was only shown to be productive of moderate muscle impairment. The bilateral compound fracture of mandible with decreased inter-incisal motion was also denied an increased evaluation.

The Board found that the appellant's receipt of SSA benefits constituted countable income for purposes of improved death pension benefits, and thus denied her claim. The issue of waiver of recovery of an overpayment of improved death pension benefits is still pending.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has remanded the case due to insufficient evidence and a need for further review, including obtaining medical records and opinions.

The veteran's residuals of a fracture D6-7 have been rated at 20 percent since July 1979. The current rating remains unchanged as the evidence does not meet the criteria for a higher evaluation.

The Board is remanding the case for further development, including obtaining additional medical records and providing a VA examiner with appropriate expertise to determine if the veteran's death was related to his service or presumed Agent Orange exposure.

The Board denied reopening the claim for service connection for the cause of death due to lack of new and material evidence, as all submitted evidence was cumulative or redundant.

The Board found that the appellant's discharge from service was under other than honorable conditions due to a continuous period of AWOL, and denied his appeal as there were no compelling circumstances warranting such prolonged absence.

The veteran's income exceeds the maximum annual pension rate for an unmarried veteran without children, thus denying his claim for nonservice-connected pension benefits.