Other conditions decisions — 2003

The Committee denied the appellant's request for waiver of overpayment in death pension benefits, except for $5,484.00.

The Board denied the appellant's claim as his service did not establish him as a veteran for VA purposes.

The Board has remanded the case for additional development and consideration of new evidence, including VA medical records. The appellant's claim is to be reconsidered with this new information.

The Board found that the appellant's character of discharge from service is a bar to VA benefits due to his period of unauthorized absence, which was not justified by compelling circumstances.

The Board denied the reopening of a claim for service connection for the cause of the veteran's death, finding no new and material evidence to support it.

The Board has granted service connection for residuals of a right thumb strain and a residual scar in the palmar aspect of the right thenar eminence from a wart removal, both found to be related to service.

The Board has remanded the case for additional development due to a motion by the VA Secretary and an order from the Court, including providing the veteran with a VA psychiatric examination.

The Board has remanded the case due to failure to comply with VCAA provisions and for additional development of evidence.

The Board found that the retroactive termination of VA improved death pension benefits was proper and denied the waiver request for an overpayment of $6078.

The Board denied the veteran's claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $46,910 due to fault on his part and lack of undue financial hardship.

The Board has found that the veteran's failure to notify VA of his family's income did not constitute fraud, misrepresentation, or bad faith. The overpayment was therefore waived.

The Board found no evidence that VA's surgical and medical treatment in 1997 and 1998 caused additional disability of the veteran's right lower extremity or involved negligence, error in judgment, or other fault.

The veteran's appeal is being remanded for additional development, including a new VA examination and consideration of the claim under both old and revised rating criteria.

The veteran's service connection claims for nasal polyps, athlete's foot, bilateral shin splints, and dizziness were granted. The veteran has a history of dizziness associated with his pineal tumor.

The Board denied the veteran's claims of service connection for various conditions, including loss of tooth number 4 with damage to the root of tooth number 3 (residuals of facial trauma), gastric ulcer, back injury, and hemorrhagic fever. The RO did not find sufficient evidence to grant these claims.

The Board has denied the appellant's claim for waiver of recovery of an overpayment of death pension benefits in the amount of $9,524. The decision was based on the appellant having unreported income and excessive income that resulted in a retroactive termination of her pension benefits.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for a VA examination to determine if the veteran's current Crohn's disease was related to his service.

The Board denied the veteran's claim for service connection for a chest disorder, finding that he does not have a current disability and that his pectus excavatum is a congenital defect with no evidence of superimposed disease or injury.

The veteran is seeking an increased rating for his service-connected somatoform disorder with depressive features and TDIU. The case has been remanded due to the need for additional development, including obtaining Social Security Administration records.

The Board found that the cause of the veteran's death was not related to service, including exposure to Agent Orange or other herbicide agents. The medical evidence did not show any nasopharyngeal disorder during his military service.