Other conditions decisions — 2004

The Board has remanded the case for further development and consideration, including obtaining medical opinions to determine the current severity of the veteran's right thumb disorder. The RO will also ensure full compliance with all notification and development action required by VCAA.

The Board of Veterans' Appeals has determined that the veteran's death was not due to his own willful misconduct, and therefore concluded that it occurred in line of duty.

The Board denied the veteran's claims of service connection for left otitis media and perforated left tympanic membrane, finding no evidence to support these conditions were incurred or aggravated by military service.

The Board denied reopening the claim of entitlement to service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board has determined that the veteran's claim for a higher evaluation of his service-connected status-post discectomy at L5-S1 is denied. The current rating of 10 percent remains unchanged.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or housebound status due to nonservice-connected disability is denied as he does not meet the criteria for such benefits.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim for VA benefits because her deceased spouse did not have the required military service to render her eligible.

The veteran's death was not caused by a service-connected condition, and his surviving children are not eligible for dependents' educational assistance.

The Board denied the appellant's claim to reopen his veteran status and benefits due to lack of new and material evidence, as all submitted information was redundant.

The Board has determined that the veteran's family annual income exceeds the maximum allowable for receipt of improved nonservice-connected disability pension, thus denying his claim.

The Board has not determined the validity of service connection for the veteran's claimed conditions, but has dismissed some claims due to lack of new and material evidence.

The Board finds that the veteran's liver hepatoma, which caused his death in July 1980, did not begin during or as a result of service. There is no evidence linking any injury or disease to military service.

The appellant does not have verified active military service with the U.S. Armed Forces and is therefore not eligible for VA benefits.

The Board denied the veteran's claims for service connection for the cause of his death and basic eligibility for nonservice-connected death pension benefits due to lack of evidence linking any disability to military service.

The Board found no indication of fraud, misrepresentation or bad faith on the part of the veteran in creating the overpayment and granted her waiver request.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $15,543 because his request was not received within the required 180-day period following notification of indebtedness.

The Board found that the appellant's spouse did not have qualifying service to qualify her for VA death benefits, and thus denied her claim.

The Board has remanded the case due to new VCAA requirements and a need for additional evidence.

The veteran's motion to review a December 1998 Board decision for CUE has been withdrawn, and the case is dismissed without prejudice.