Other conditions decisions — 2003

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board is considering whether new and material evidence has been presented to reopen the veteran's claim for service connection of a right eye disability. The RO determined that no such evidence had been submitted, leading to denial.

The Board denied the appellant's claim for VA death benefits because the veteran did not have valid military service, as determined by the Department of the Army and National Personnel Records Center.

The Board has determined that the evidence received since the December 1989 RO decision does not meet the criteria for reopening the claim of service connection for residuals of Dengue fever.

The veteran's appeal is being remanded for further development of his claim, including obtaining medical records and scheduling a VA examination to determine the current nature, extent, and manifestations of his service-connected right carotid artery stenosis.

The Board denied the appellant's petition to reopen his claim for VA benefits, finding that new and material evidence had not been submitted. The RO in August 1972 determined that the appellant did not meet the requirements for basic eligibility for VA disability benefits due to a lack of established veteran status.

The veteran's spouse is granted enhanced DIC benefits due to the veteran having a continuously rated total disability for at least five years prior to death.

The Board denied the appellant's claim for an extension of her delimiting date for DEA benefits under Chapter 35, Title 38, United States Code. The decision stated that she was not prevented from initiating or completing a chosen program of education within the applicable period of eligibility due to a physical or mental disability that did not result from her own willful misconduct.

The Board has determined that the veteran's service-connected left shoulder disability, manifested by limitation of motion and weakness, warrants a 20 percent evaluation.

The Board found that new and material evidence had not been received to reopen the claim for service connection for Mônière's disease, as the additional evidence was insufficient to change the outcome of the previous denial.

The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted since the April 1998 Statement of the Case.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a psychiatric disability, specifically a personality disorder. The case is remanded for further development.

The appellant's second application for DEA benefits was granted, but the effective date could not be earlier than January 4, 2000.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a spine disability. The claim is now reopened, but further development is needed before the merits can be decided.

The Board granted a 20 percent disability rating for the veteran's residuals of a fractured olecranon process of the left ulna with arthritis, resolving all reasonable doubt in favor of the veteran.

The Board found that the veteran's current stomach disability is more likely related to alcohol dependence and use, rather than service connection or secondary to medications for his service-connected psychiatric disability.

The Board dismissed the appeal because the veteran died during the pendency of his appeal, and thus has no jurisdiction to adjudicate the merits of his claim.

The veteran's default on a VA-guaranteed loan resulted in indebtedness to the government. The COWC found that while the veteran did not practice fraud, he was capable of paying over time and had several credit cards and large amounts of debt. However, they also noted that the veteran faced financial hardship due to unemployment.

The Board found that the appellant's character of discharge from service was a bar to VA compensation benefits due to willful and persistent misconduct, resulting in an other than honorable discharge.

The case is being sent back for additional development due to the need for notification and development action under the VCAA. The overpayment of VA improved death pension benefits in the amount of $12,620.00 will be reviewed along with the appellant's request for waiver.