Other conditions decisions — 2003

The VA determined that the appellant could not be recognized as the veteran's surviving spouse for VA benefits purposes due to legal issues regarding the validity of the divorce decree and the existence of a prior marriage.

The veteran's bilateral patellofemoral pain syndrome was first manifested in service and the Board granted service connection for this condition. The claims for respiratory disorder and disability manifested by chest pain are pending.

The Board denied service connection for dysentery and trench mouth, finding no current disability or evidence of residuals.

The Board denied the veteran's claims for service connection for arthritis and a chronic skin disorder due to lack of well-grounded evidence. The case is being remanded for further development.

The Board has ordered further development due to the need for additional evidence. The case is now remanded for a VA dermatology examination and consideration of the claims.

The Board found that the veteran's emphysema, which was the cause of his death, did not originate in service and was not related to any disability of service origin. The Board also determined that none of the veteran's service-connected disabilities contributed substantially or materially to his demise.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and arranging a VA examination by a vascular specialist.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining a lipid profile test. The veteran's claims for service connection are pending.

The Board dismissed the veteran's appeal because he did not file a timely substantive appeal within one year of receiving the September 1999 rating decision.

The Board has determined that the appellant's claim for dependency and indemnity compensation under Section 1318 of Title 38 U.S.C. is denied as there was no total disability rating at the time of the veteran's death.

The VA denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 due to a finding that his current low back disability and unemployability were not caused by the December 1998 surgery provided by VA contract, and thus did not meet the criteria for compensation.

The veteran's accrued compensation benefits were withheld in a PFOP account as reimbursement for the appellant's expenses of last sickness and burial. The VA determined that these funds should be released to the appellant.

The Board denied the veteran's claim as his countable income exceeded the maximum allowable pension rate for a veteran with one dependent.

The appellant's claim for accrued benefits was not filed within one year of the veteran's death, and there were no pending claims at the time of his death. Therefore, the appeal is denied.

The Board has remanded the case for additional development due to incomplete evidence and potential medical examination.

The veteran's widow is already entitled to increased death pension by reason of being housebound. She appeals the denial of her claim for increased death pension based on a need for regular aid and attendance.

The Board has denied the appellant's request to reopen his claim for service connection for left hip injury, finding that the submitted evidence does not constitute new and material evidence.

The Board denied the veteran's request for waiver of an overpayment of VA pension benefits in the amount of $6,556.00 due to a lack of good faith on his part in reporting his income from Social Security Administration (SSA) benefits.

The Board denied the veteran's request for an increased evaluation of her laryngitis and intermittent left otalgia, status post tonsillectomy, as it did not meet the criteria for a rating in excess of 10 percent.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.