Other conditions decisions — 2003

The veteran's claim for service connection for degenerative joint disease of the right arm is being remanded due to a failure to provide proper VCAA notice.

The Board found that the veteran's hematospermia was not caused by any incident of VA hospitalization or medical care, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The appellant is not eligible for dependents' educational assistance under Title 38, Chapter 35, United States Code due to her age at the time of her father's death.

The Board found that the appellant's failure to report income did not constitute fraud, misrepresentation, or bad faith. The overpayment was deemed against equity and good conscience due to her financial hardship and reliance on pension benefits.

The Board has reopened the veteran's claim but denied it on the merits. The Court has vacated this decision and remanded the case back to the Board for further consideration.

The Board has remanded the case for further development, including obtaining a VA examination and considering the claim on a de novo basis.

The veteran's service-connected left mandible fracture residuals are currently evaluated as noncompensable. The claim for service connection for trauma to teeth numbers 23 and 24 is denied.,The veteran's service-connected left mandible fracture residuals have been rated as 10 percent disabling since February 27, 2002.

The VA determined that the veteran's service-connected residuals of a laminectomy and subdural hematoma at L3-L5 do not warrant an evaluation in excess of 10 percent.

The veteran's claim for a rating in excess of 10 percent for residuals of left forearm shell fragment wounds was denied. The current disability picture does not warrant an increase beyond the existing 10 percent rating.

The VA determined that the veteran does not have current eye disabilities as a result of in-service flash burns or any other injury to the eyes, and therefore denied his claim for service connection.

The Board denied the veteran's claim for a compensable rating for his service-connected residuals of a right pneumothorax, finding that the evidence did not meet the criteria for a compensable rating.

The veteran's service connection claim for sick sinus syndrome with supraventricular tachycardia and second-degree heart block; status post pacemaker insertion is being remanded due to the need for additional development, including obtaining clinical records and a VA examination.

The Board has ordered further development due to pending issues, and the case is now being remanded for additional consideration.

The Board has determined that R's income exceeds the maximum annual rate of improved death pension for a surviving child in his category, thus denying payment of death pension benefits.

The Board has dismissed the appeal as it lacks jurisdiction to consider the veteran's entitlement to a lift chair.

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

The appellant is not entitled to benefits in an amount equal to the veteran's rate of payment of VA compensation for September 2001, the month of the veteran's death.

Your appeal regarding a total rating based on individual unemployability due to service-connected disabilities has been remanded for further development. The case will be returned to the Board if necessary.

The Board dismissed the veteran's appeal because he did not file a timely substantive appeal of his June 1997 rating decision denying an increased rating for hammertoe deformity.

The Board has remanded the case for further development due to procedural issues and to consider revised rating criteria.