Other conditions decisions — 2004

The Board found that the veteran's request for a waiver of an overpayment was not timely filed within 180 days after notification, and thus denied the appeal.

The Board has remanded the case for further development due to incomplete information and evidence.

The Board has determined that the veteran's licensing and certification examination fee for a Legato Certified Networker 6.x Administrator for UNIX test is not an approved test for VA benefits, thus denying entitlement to reimbursement.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for gastrointestinal disability. The appeal is denied.

The Board has reopened the veteran's claim for service connection of a left elbow disorder and found that new evidence supports this claim. The examiner concluded that the veteran's chronic medial epicondylitis is more likely than not related to activities during her military service.

The veteran's claims for service connection for a skin disorder and a stomach disorder are being remanded due to the need for additional development, including obtaining medical records and providing an opinion on whether his current conditions are related to his military service.

The Board has denied the appellant's claim for an effective date prior to July 9, 1987 for the reinstatement of her award of Dependency and Indemnity Compensation (DIC) benefits. The earliest effective date assignable is July 9, 1987, the date of her claim.

The Board denied the veteran's claim for Chapter 30 educational benefits, finding that he did not meet the eligibility requirements due to his failure to satisfy the service requirement of at least two years on active duty prior to seeking benefits.

The Board found that the veteran's current low back disorder, including spondylolisthesis and/or spondylolysis, was not incurred in or aggravated by service.

The Board finds that additional development is required to determine if the veteran's current left eye disorder is causally related to his in-service injury. The case will be remanded for further examination and opinion.

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

The Board denied the veteran's claims for service connection for a right foot disorder and a ruptured muscle of the left leg, finding no evidence of current disabilities related to service.

The Board has granted service connection for pityriasis rubra pilaris, finding it was incurred in service due to exposure to Agent Orange. The claim was also reopened based on new evidence.

The veteran's claim for an increased rating for his bilateral eclipse burns of both foveae is being remanded due to the need for additional testing and review.

The Board found that the appellant's deceased husband did not have qualifying service with the U.S. Armed Forces, thus he could not meet the basic eligibility requirements for VA death pension benefits.

The Board denied the appellant's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill benefits) because his application was received too late to qualify for retroactive payment of benefits for a period prior to June 9, 2002.

The veteran's unauthorized medical expenses incurred at a private hospital were denied because VA facilities were feasibly available and prior authorization was not obtained.

The Board denied the veteran's claim for educational assistance under Chapter 30, Title 38, United States Code, for training pursued between March 15, 2001, and November 13, 2001, due to the lack of a one-year time limit prior to application.

The veteran's claim for educational assistance benefits beyond his delimiting date of August 8, 1999 was denied as he did not meet the legal criteria to receive such benefits.

The Board is unable to determine the date of notification regarding the veteran's right to request a waiver of overpayment, and thus remands the case for further development.