Other conditions decisions — 2004

The Board denied the veteran's request for waiver of recovery of an overpayment of VA educational assistance benefits due to a failure to file within the required 180-day period from notification of the indebtedness.

The Board found no fault on the appellant's part in creating the overpayment, but determined that recovery would not be against equity and good conscience due to her financial hardship. The appeal was granted.

The Board previously denied service connection for duodenal ulcer disease in 1955, finding that the condition pre-existed service and was not aggravated by military service. The current appeal seeks to reopen this claim with new evidence.

The Board has determined that the criteria for an effective date of October 21, 1991, for the grant of a total disability rating based on individual unemployability have been met. The case is now remanded to the RO for further development and consideration.

The Board denied the appellant's claim for service connection for residuals of a head injury sustained in a motor vehicle accident, finding that he was not on active duty at the time of the incident and thus did not occur in the line of duty.

The Board denied the veteran's claim for an earlier effective date for his total rating based on individual unemployability due to service-connected disabilities, finding that there was no clear and unmistakable error in the March 1997 decision.

The Board has determined that no overpayment of improved death pension benefits was properly created during the period from July 1, 1999, to January 1, 2001. The appellant's award for this period was reduced due to her receipt of greater Social Security benefits and subsequently reinstated after she submitted unreimbursed medical expenses.

The Board denied an initial evaluation in excess of 30 percent for restrictive type emphysema, finding that the veteran's symptoms did not warrant a higher rating based on current medical evidence.

The Board found that the veteran does not have arthritis related to active service and denied his claim.

The veteran's claim for TDIU was granted effective December 31, 1992, based on his service-connected condition resulting from VA treatment. The effective date is the earliest possible given the nature of the claim and regulations.

The Board has granted a 100 percent disability rating for the service-connected gastric ulcer disease with a subtotal gastrectomy and psycho-physiological gastrointestinal reaction, effective September 14, 2004.

The Board denied the veteran's claim for an effective date prior to August 7, 1997, for the grant of service connection for basal cell carcinoma.

The Board denied the veteran's claims for a rating in excess of 30 percent for ulcerative colitis and for TDIU, finding that his disability did not meet the criteria for a higher rating or for TDIU.

The Board has remanded the case due to inadequate notification and development of evidence, including obtaining medical records and birth certificate for the veteran's daughter.

The Board has remanded the case for further development due to incomplete medical records and the need to obtain additional evidence supporting the appellant's claim.

The veteran's claim for an increased rating for his maxillofacial trauma and fractures is being remanded to the RO for further development, including a dental examination.

The veteran's daughter, M.M., was entitled to additional VA disability compensation benefits for school attendance. However, the claim was not filed within one year of her 18th birthday or commencement of school, so the effective date cannot be earlier than October 1, 2001.

The Board has granted service connection for residuals of a left little finger injury and assigned an initial noncompensable disability rating. The effective date for the awards is April 1, 2002.

The Board finds that the veteran's current hernia issues are either incurred or aggravated by service, and grants his claim for service connection.

The VA determined that the appellant is not entitled to benefits as the veteran's surviving spouse because she was divorced from the veteran at the time of his death.