Other conditions decisions — 2003

The Board found that the veteran does not have a service-connected compensable dental condition, and thus denied his claim for service connection.

The Board has determined that the veteran's grandchildren do not qualify as dependents for purposes of additional pension benefit payments, and thus denied the claim.

The Board has remanded the case for additional development due to issues related to service connection and determining if service-connected disabilities were a cause of death.

The veteran's appeal is being remanded for additional development, including compliance with the Veterans Claims Assistance Act of 2000 and a supplemental statement of the case.

The Board has determined that the veteran's essential tremor was incurred in service and granted service connection for this condition, with a current evaluation of 30 percent.

The Board found that the evidence did not support an evaluation in excess of 20 percent for status post fracture of the right great toe, as appellant's condition more closely approximated 'moderately severe' disability than 'severe' disability.

The Board determined that the appellant's income exceeded the maximum annual pension rate and denied his claim for receipt of pension benefits.

The Board has determined that additional development is required before the issue of service connection for a skin condition can be adjudicated. The veteran claims she developed a hypersensitive reaction to sunlight shortly after returning from Desert Storm, and the RO should ensure her claim is considered under the provisions relating to undiagnosed illnesses stemming from her service in the Persian Gulf.

The Board has decided to remand the case for additional development, including obtaining missing service medical records and Social Security Administration (SSA) disability benefits records. The veteran's claim for service connection for the residuals of a left testicle injury will be reconsidered after these developments.

The Board denied the veteran's request for a waiver of overpayment of VA benefits, finding that there was no fraud or bad faith on her part but concluding that recovery would not be against equity and good conscience.

The Board has remanded the case for further development and consideration, including obtaining medical records from August 1998 and addressing the veteran's entitlement to a higher rating based on her service-connected gynecologic disability.

The Board denied the veteran's claim for service connection for post-traumatic-stress-disorder (PTSD) due to a lack of credible supporting evidence that an in-service stressor occurred, and thus did not meet the threshold legal requirement for establishing service connection for PTSD.

The Board denied the veteran's claim for educational assistance benefits under Chapters 30, 32, and 1606 of Title 38 and Title 10 due to lack of eligibility based on his service period.

The Board found that the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits was timely filed within 180 days of notification.

The Board has determined that the veteran does not have a current disability of malaria or an E. coli infection including a urinary tract infection and gastroenteritis, and thus service connection for these conditions is denied.

The Board has remanded the case due to incomplete development and notification issues, including a need for additional evidence from VA and non-VA medical providers.

The veteran's service connection claims for swelling of the neck and left side body, sinusitis, hypertension, IBS, muscle and joint aches, depression and panic attacks, liver condition, and memory loss are all denied as not related to his active duty service or an undiagnosed illness.

The Board found that the appellant did not timely appeal the June 1999 Committee decision denying waiver of an overpayment of VA death pension benefits, and thus the decision is final.

The Board has remanded the case due to the need for additional development, including obtaining medical records and Social Security Administration records.

The Board denied service connection for a head disability and the RO denied service connection for visual impairment. The veteran's application to reopen these claims was not successful, as new and material evidence did not relate to an unestablished fact necessary to substantiate the claims. The claim for increased rating of bilateral hearing loss remains pending.